Fishkin Knitwear Co., Inc.

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IN THE :MATTER OF FISHKIN KKITWEAR CO., IKC., ET AL.

CONSENT ORDER, ETC., IX REGARD TO THE ALLEGED VIOLATION OF THE :FED1m.'lL TRADE CO)-DfISSION AXD TIIE TEXTILE FIBER PRODUCTS IDE lTF'ICATIOX ACTS Docket C-129. Complaint, Apj' 1962--Decision, Apr. , 1.92 Consent order requiring New York City importers and distributors of textie fiber products to cease violating the Textie Fiber Products Identificatitm Act by failng to label ladies' swimsuits with required information, and removing required labels prior to ultmate sale. CO::fPL \INT 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 Fishkin ICnit\Vea.r Co., Inc., a corporation, and Herman Fishkin, Mordecai Fishkin, and Benjamin Thailer individually and as offcers of said ' corporation, hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules and Regulations promulgated 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 follows: PARAGRAPH 1. Respondent Fishkin I(nitwear Co., Inc., is a corporation organized, existing and doing business under and by virtue of the la\Vs of the State of J\ ew York with its offce ftnd principal place of business located at 73 Orchard Street, Xew York, K. Individual respondents Herman Fishkin forc1ccai Fishkin, and Benjamin Thailer are President, Treasurer, and Secretary, respectively, of the corporate respondent. Said individual respondents formulate, direct and control the acts, practices and policies of said Decision and Order GO F. corporate respondent. Their address is the same as that. of the eorporate respondent.

PAR. 2. Subsequent to the effective date of the Textile Fiber Products Ident.ification Act on l\farch 3, 1960, respondents have. been and are nO\v engaged in the introduction, delivery for introduction, sale advertising, ancl ofiering for sale, in commerce, and in the transpor. tation or causing to be transported in commerce, and the importation into the United States, of textile fiber products; and have sold, offered for sale, advertised, delivered, transported, and caused to be transported, textile fiber products, which have been advertised or offered for sale in cmnmcrce; and have sold, offered for sale, advertised, delivered, transported, and caused to be transported, after shipment commerce textile fiber products, either in their original state or contained in other textile fiber products, as the terms "commerce" and te,xtile fiber product" are defined in the Textile Fiber Prorlucts Identification Act.

PAR. 3. Certain of said text.ile fiber products, namely ladies' swimsnits, were misbranded by respondents in that they ,\were not stamped tagged or labeled with any of the information required under Section 4(b) of the Textile Fiber Products Identification Act, or in the manner and form as prescribed by the R nles and Hegn1ations promulgated under' said A.ct.

PAR. 4. 1\Hcl' certain text.ile fiber products ,\were shipped in commerce" respondents have removed, 01' call sed or participated in the removal the stamp: tag, label or other identification required by the Textile Fiber Products Identification Act to be affxed to such products, prior to the time such t.textile fiber products ,were sold and delivered to the ultimate consumer, in violation of Section 5 (a) of said Act.

PAH. 5. The acts and practices of respondents as set forth above ,were, and are, in violation of the Textile Fiber Products Identification Act and tho Hnles flnd Hegnlntions promulgated thereunder and constituted, and now constitute, unfair and deceptive acts and prac- , wit-hin thetices and unfair methods of competition, in commerce intent and meaning of the Federal Trade Commission Act. DECISION AXD ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of the Federal Trade COlnmissioll Act ancl the Textile Fiber Products Identification Act, and the respondents having been served "ith 1l0tice of said detennination and with a copy of the complaint FISHKI K."\TITWEAR CO., I , ET AL. 923 921 Decision and Order the Commission intended to issue, together with a proposed form or order; and The respondents and cf' U1sel for the Commission ha ving thereafter executed an agreement containing a consent order, an admission by the respondents of all the jurisdictional fads set forth in the complaint to issue herein, a statement that the signing or said agreement is for settlement purposes only and does not constitute an admission by respondents that the law has been violated as set forth in such complaint, and -waivers 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 ag-reement makes the fonowing jurisdictional findings, and enters the following o reler :

1. Respondent, Fishkin Knitwear Co. , Inc. is a corporation organized, existing and doing business 'Ullder and by virtue of the laws of the State of New York, with its offce and principal place of business located at 73 Orehard Street, in the city or ew York, State or Ne,v York.

Respondents Herman Fishkin, :More1ecai Fishkin and Benjamin Thailer 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 sn bject rrmttcr or this proceeding and of the respondents! and the proceeding ls ln the. public lnterest.

ORDER It i.s oT(ZeJ'ed That respondents Fishkin Knitwear Co. Inc., fl, corporation, and its offcers, and Herman Fishkin, J\lordecai Fishkin, and Benjamin Thailer: individually and as offcers of said corporation and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection ,with t.he introduction: delivery for introduction, sale, advertising, or ofiering for sale, in cOllnnerce, or the t.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 fot sale, advertising, delivery, transportation, or causing to be transported, of any textile fiber product, which has been advertised or offered for sale in commerce; or in connection with the sa.1e offering for sale, advertising, cle.livery, transportation, or causing to be transported, after shipment in commerce, of any textile fiber product, whethm' in its original state or contained in other text.ile fiber products! as the terms "com- , ) Complaint 60 F.

mercs" and "textile fiber product" are defined in the Textile Fiber Products Iclentifica60n Act, do forthwith cease and desist from misbranding textile fiber products byhiling to affix labels to such products showing ea,ch element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act. It iR further ordered That respondents Fishkin Knitwear Co., Inc. a corporation ancl its offcers and Herman Fishkin, :'1:orclecai Fishkin and Benjamin Thailer, individually and as offcers of said corporation and respondents' representatives, agents and employees, directly or through any corporate or other device, do forthwith cellse and desist from removing, or causing or participating in the removal of, the stamp, tag, label, or other identification required to be affxed to any textile fiber product, after such textile fiber product has been shipped in conm1erce, and prior to the time such textile fiber product is sold and delivered to the ultimate consumer.

It /,u/dhe'J ordered That the 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 data.il the manner and form in which they have complied 1fith this order.