Morrison Knitwear Company, Inc.

Text (OCR of the scan at left; may contain errors)

In THe Marrer or MORRISON KNITWEAR COMPANY, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7680. Complaint, Dec. 4, 1959—Decision, Apr. 14, 1960 Consent order requiring New York City distributors to cease representing falsely—by advertisements in magazines, display cards supplied to sellers, attached tags or labels, and otherwise—that their orlon sweaters would not “pill” (fuzz up in balls).

Mr. John W. Brookfield, Jr., for the Commission. Mr. A. Harry Flescher, of New York, N.Y., for respondents. InitraL Decision py Epear A. Burrir, Hearing Examiner On December 4, 1959, the Federal Trade Commission issued its complaint against the above-named respondents charging them with violating the provisions of the Federal Trade Commission Act in connection with the sale and distribution of women’s garments, including sweaters.

On January 27, 1960, the respondents and counsel supporting the complaint entered into an agreement containing a consent order to cease and desist in accordance with section 3.25(a) of the Rules of Practice and Procedure of the Commission. Under the foregoing agreement, the respondents admit the juris- MORRISON KNITWEAR CO., INC., ET AL. 1245 1244 Order dictional facts alleged in the complaint and agree, among other things, that the cease and desist order there set forth may be entered without further notice and shall have the same force and effect as if entered after a full hearing. The agreement includes a waiver by the respondents of all rights to challenge or contest the validity of the order issuing in accordance therewith; and recites that the said agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission, and does not constitute an admission by the respondents that they have violated the law as alleged in the complaint. The hearing examiner finds that the content of the said agreement meets all the requirements of section 3.25(b) of the Rules of Practice. This proceeding having now come on for final consideration by the hearing examiner on the complaint and the aforesaid agreement for consent order, and it appearing that said agreement provides for an appropriate disposition of this proceeding, the aforesaid agreement is hereby accepted and is ordered filed upon becoming part of the Commission’s decision in accordance with Section 3.21 of the Rules of Practice; and in consonance with the terms of said agreement, the hearing examiner makes the following jurisdictional findings and order:

1. Respondent Morrison Knitwear Company, Inc., is a corporation existing and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business located at 130-6 Palmetto Street, in the City of Brooklyn, New York. It is stipulated and agreed that the complaint may be amended to state the above as the correct address of respondents. Respondents Morris Rosen, Max Jaffe, Harold Rosen and Hannah Rosen are officers and directors of said corporate respondent and their address is the same as that of said corporate respondent. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents under the Federal Trade Commission Act, and this proceeding is in the interest of the public. ORDER It 7s ordered, That respondents Morrison Knitwear Company, Inc., a corporation, and its officers, and Morris Rosen, Max Jaffe, Harold Rosen and Hannah Rosen, individually and as officers of said corporation, and respondents’ agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of women’s 1246 FEDERAL TRADE COMMISSION DECISIONS: Decision 56 F.T.C.

orlon sweaters (or any other product made of orlon) in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

Representing, directly or by implication, that said products will not pill.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 14th day of April, 1960, become the decision of the Commission; and, accordingly :

It is ordered, That respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist.