Standard Handkerchief Co., Inc.

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form in which they have complied with this order. I)\ THE JH..""TIR OF STANDARD HAKDKERCHIEF CO., INC., ET AL.

COKSEN1' OImER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE :E'EDERAL TRDE COJ.IMISSION AXD THE TEXTILE Fiber PRODUCTS IDEXTIi"lCATION ACTS Docket C-57. Complaint, Jan. 5, 1962-Decision, Jan. , 1962 Consent order requiring Xew York City manufacturers to cease violating the Textie :F'iber Products Identification Act by failng- to label handkerchiefs as required, failng to label each individual product contained in a package and furnishing" false gnanmties that their products were llot misbramlc(l. FEDERAL TRADE CO:VINIISSIO '" DECISIO Complaint GO F.

COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Identification Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Standard Handkerchief Co., Inc. a corporation, and Henry S11oo1\e and Joseph Dickstien, individually and as offcers of said corporation, hereinafter referred to as respondents, 118.V8 violated the provisions of such Acts and the Hules and Regulations under the Textile Fiber Products Identification Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follo\vs: PARAGRAPH 1. llespondent Standard Handkerchief Co., Inc. , is a corporation organized, 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 1220 Broadway, New York, K. Hesponclents 1-Ienry Smooke a,ncl Joseph Dicksticn are officers of said corporate respondent. They formulate, control and direct the acts, practices and policies of the said corporate respondent. Their offce ancl principal place of business is the same as that of said corporate respondent.

PAR. 2. Subsequent to the effective date of the Textile Fiber Products Identifieation Act on :March 3, 1960, respondents have been and are noi" engaged in the introcluc6on, delivery for introduction, manufacture for introduction, sale, adver6sing and offering for sale, in commerce, and in the transportation or causing to be transported in commerce, and in the importation into the United St.ates, of textile fiber products; and have sold, offered for sale, advertised, delivered transported and caused to be transported, textile fiber products, which had been advertised or offered for sale in commerce; and have sold offered for sale, advertised, delivered, transported and ca.used to be transported, after shipment in commerce, textile fiber products, either in their original state, or contained in other textile fiber products; as the terms ;'commerce" and "textile fiber product" are defined in the Textile Fiber Products Identification Act. PAR. 3. Certllin of said textile fiber products were misbranded by respondents in that they were not stamped, tagged, or labeled as required under the provisions of Section" (b) other Textile Fiber Products Identification Act, and in the manner and form prescribed by the Rules and Regulations promulgated thereunder. STANDARD HAKDKERCHIEF CO. , INC. , ET AL.

Decision and Order Among slich misbranded textile fiber products were handkerchiefs which had no stamp, tag, label or other means of identification on or affxed to such products.

PAR. 4. Certain of sa.id textile fiber products were misbranded in vioh,tion of the Textile Fiber Products Identification Act in that thev were not labeled in accordance with the Rules and Hegulations pr mulgated thereunder in the following respect: Respondents raised to Jabel each individual product contained in packa.ges where it was the common or accepted practice of distributors of sucll products to break the packages and sell or deliver individual products therefrom, in violation or Rule 28 or the said Rules and Reg-ulatiom.

PAR. 5. The respondents have furnished false guaranties that their textile fiber products were not Inisbra,nded in violation of Section 10 or the Textile Fiber Products Identification Act. PAR. o. The acts and practices of respondents, as set forth herein were and are in violation or the Textile Fiber Products Identification Act and tho Rules and R.egulations thereunder; and constituted, and now constitute, unfair and deceptive nets and practices and unfair methods of competition, in comnlerce, within the intent and meaning or the Federal Trade Commission Act.

DECISWX AND OP.DER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation or the Federal Trade Commission Act and the Textile Fiber Products Identification Act, and the respondents having been served with notice of said determination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents or all the jurisdictional facts set rorth in the complaint, a statement that the signing of said agreement is for settlement purposes only and docs not constitute an admission by respondents that the Jaw has been violated as set rorth in the complaint, and !'"waivers and provisions as required by the Commission s rules; and The Commission, having considered the agreelnent, hereby accepts same, issues its complaint in the form contemplated by sa.id agreement makes the rollowing- jurisdictional findings, and enters the roJlowing order:

FEDERAL TRADE eO:\\IISSION DECISIONS Decision and Order 60 F.

1. Respondent, Standard Hankerchief Co. , Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its offce and principal place of business located at 1220 Broadway, in the city of New Yark, State of New York.

llespondents Henry Smooke and Joseph Dickstien am offcers of said corporation, and their address is the same as that of said corporation.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It i8 01'deTd That respondents St.andard Handkerchief Co., Inc., a corporation, and its offcers, and Henry Smooke and Joseph Dickstien individually and as offcers of said corporation, and respondents' representatives, agents ,awl employees, directly or through any corporate or other device, in connection with the introduction, delivery for introduction, manufacture for introduction, sale, advertising, or offering for sale, jn commerce, or the transportation or causing to be transported in commerce, or the importation into the United States, of any textile fiber product or in connection with the sale, offering for sale, advertising, de- Every, transportation, or causing to be transported, of any t.textile fiber product which has been advertised or offered for sale in commerce; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, after shipment in commerce, of any textile fiber product, whether in its original state or conta,inecl in other textile fiber products, as the terms ;;commerce \ and textile fiber product" are defined in the Textile Fiber Products Identification Act, do forthwith cease and desist from: A. 1YIisbranding textile fiber products by: 1. :Failing to affx labels to such products showing each element of information required to be disclosed by Section 4 (b) or the Textile Fiber Products Identification Act.

2. Failing to label each individual product contained in packages where it is the common or ac-cepted practice to break the package fl-nd sell or deliver individual products therefrom. B. Furnishing false guaranties that textile fiber products are not misbranded or falsely invoiced under the provisions of the Textile Fiber Products Identifcation Act.

1 t is further ordered That the respondents herein sha.1, within sixty (60) days of tel' service upon them of this order, me with the Com- WAHSHA1;EH & FRA:"CK . I:'C., 1";'1 AL.

Complaint mission a report in writing setting forth ill detail the manner and form in which they have complied with this order. Ix THE L-\T'IEH OF vYARSHAUER & FIlccNCK, HIC., ET AL.

COX SENT ORDER , ETC., IN REG \RD TO 'Ill E ALLEGED VlOLATIOX OF THE FEDERAL TRADE COi\BfISSlOX AXD THE FLA::BIABLE FABRICS ACTS Docket C 5S. GOlnplafnt, Jan. 1.962-Decision, Jan. , 1962 Consent order requiring Boston manufacturers to cease violating the Flammable Fabrics Act by manufacturing, importing, and sellng in COllmerce dresses that were so highly flammable as to be dangerous when worn. COMI'LAINT Pursuant to the provisions of the Federal Trade Commission Act and the Flammable Fabrics Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that vVarshauer & Franck, Inc. , a corporation, Jerome J. Franck and Leonard vVindhcim, individually and as offcers of said corporation, hereinafter referred to as respondents, have violated th provisions of said Acts and the Rules and Regulations promulgated under the Flammable Fabrics Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

PAUAGRAPII 1. Respondent, "\Varshauer & Franck, Inc. , is a corporation duly organized, existing and doing business under and by virtue of the laws of the State of :\Iassachusetts. Respondents Jerome J. Franck and Leonard vYindheim are President, and Treasurer-Clerk respectively of 'Varshauer & Franck, Inc. The individual respondents formulate, direct and control the policies, acts and practices of said corporate respondent. The business address of all respondents is 75 Kneeland Street, Boston, Mass.

PAR. 2. Respondents, subsequent to .July 1, 1954, the effective date of the Flammable Fabrics Act, have manufactured for se. , sold and offered for sa.1e, in commerce; have imported into the United States; and have introduced, delivered for introduction, transported and caused to be t.transported, in commerce; and have transported and caused to be transported for the purpose of sale or delivery after sale in commerce; as "commerce" is defined in the F1a,mmable :Fabrics Act 719-603-64-- FEDERAL TRADE COlvWISSTOl\'" DECISIONS Decision and Order 60 F. articles of IVcariug apparel, as the term "article of wearing apparer' is defined therein, which articles of wearing apparel were, lIndcI' Section 4 of the Flammable Fabrics Act, as amended, so highly fiammablc ns to be dangerous when worn by individuals. Among the articles of wearing apparel mentioned hereinabove were dresses.

PAR. 3. Respondents subsequent to July, 1954, the effective date of the Flammable Fabrics Act, have manufactured for sale, sold and offered for sale, articles of ,vearing apparel made of fabric 'Thich 'TfiS under Section 4 of the Act, as amended, so highly fiammablc as to be dangerous "hen worn by individuals, which fabric had been shipped and received in commerce, as the terms "article of 'wearing apparel fabric" and ':commerce" are defined in the Flammable Fabrics Act. Among the articles of wearing apparel mentioned o.oove were dresses.

PAR. 4. The acts and practices of respondents herein alleged were and are in violation of the Flammable Fabrics Act and of the Rules and Hegulations promulgated thereunder and as such constitute unfair and deceptive acts and practices and unfair methods of competition in commerce Ivithin the intent and nleaning of the Federa.1 Trade Commission Act.

DECISION AND DIilER The C0111mission having heretofore determined to issue its complaint charging the respondents nmnecl in the caption hereof with violation of the Federal Trade COlmnission Act and the Flammable Fabrics .tct, and the respondents having been served -with notice of saiel determination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondents and counsel for the Con nission having thereafter executed an agreement containing a consent order, an admission by respondents of all the jurisdictional facts set forth in the complaint a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the la.w has been violated as set forth in the complaint, and ,vaivers and provisions as required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by said agreement makes the following jurisdictional findings, and enters the following order:

1. Respondent, Warshauer & Franck, Inc., is a corporation duJy organized, existing and doing business lmcJer "nd by virtue of the 1VARSHAUEH & FRA INC. , ET AL.

Decision and Order la ws of the State of Massachusetts, its business address being 75 Kneeland Street, Boston, Mass.

Respondents Jerome J. Franck and Leonard IVindheim are offcers of said corporation, and their business address is the same as that of said corporation.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

GlilER It is order-d That the respondent IVarshauer & Franck, Inc. , a corporation, and its offcers, and respondents J crome J. Franck and Leonard ""Vinc1heirn, individually and as offcers of said corporation a.nd respondents' representatives, agents and employees, directly or through any corporate or other device, do forth with cease and desist from;

1. (a) ImportingintotheUnitcdStates;or (b) lanufacturing for sale, selling, offering for sale, introducing, delivering for introduction, transporting or causing to be transported in commerce, as "commerce" is defined in the Flammable Fabrics Act; (c) Transporting or causing to be transported, for the purpose of sale or delivery after sale in commerce;

any article of wearing apparel which, under the provisions of Section " of the Flammable Fabrics Act, as amended, is so highly flammable as to be dangerous when worn by individuals. 2. ianufacturing for sa.le, selling, or offering for sale any article of wearing apparel made of fabric, which fabric has been shipped or received in commerce, and which under Section 4 of the Act, as amended, is so highly flammable as to be dangerous when worn by individuals.

within It is further ordered That the respondents herein shall, 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 fonn in which they have complied with this order. Complaint 60 r.