Jake Feldman et al. trading as Dixie Army Surplus Store

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JAKE FELDMAN ET AL. TRADING AS DIXIE ARMY SURPLUS STORE CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket C-190. Complaint, July 23, 1962—Decision, July 23, 1962 Consent order requiring retail sellers in Chattanooga, Tenn., to cease violating the Wool Products Labeling Act by failing to label wool products as required, and by removing the identifying labels from wool products prior to ultimate sale. , Complaint Pursuant to the provisions of the Federal Trade Commission Act and the Wool Products Labeling Act and by virtue of the authority vested in it by said Acts, the Federal Trade Commission having reason DIXIE ARMY SURPLUS STORE 267 266 Decision and Order to believe that Jake Feldman and Rose Feldman, individually and as coowners trading as Dixie Army Surplus Store, hereinafter referred to as respondents, have violated the provisions of the said Acts and the Rules and Regulations promulgated under the Wool Products Labeling Act of 1939, 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:

Paracrapy 1. Respondents Jake Feldman and Rose Feldman are individuals and coowners trading as Dixie Army Surplus Store, with their principal offices and place of business located at 483 Market Street, Chattanooga, Tenn. Respondents are engaged in the retail sale of wool products.

Par. 2. Subsequent to the effective date of the Wool Products Labeling Act of 1939, respondents have introduced into commerce, sold, transported, distributed, delivered for shipment, and offered for sale in commerce, as “commerce” is defined in the said Act, wool products as “wool product” is defined therein. Par. 3. Certain of said wool products were misbranded by the respondents in that they were not stamped, tagged, labeled or otherwise identified with the information required under Section 4(a) (2) of the Wool Products Labeling Act of 1989 and in the manner and form as required by the Rules and Regulations promulgated under said Act.

Par. 4, Respondents with the intent of violating the provisions of the Wool Products Labeling Act of 1939 have removed or caused or participated in the removal of the stamp, tag, label or other identification required by the Wool Products Labeling Act of 1939 to be affixed to wool products subject to the provisions of such Act, prior to the time such wool products were sold and delivered to the ultimate consumer, in violation of Section 5 of said Act.

Par. 5. The acts and practices of the respondents as set forth above in paragraphs 2, 38 and 4 were, and are, in violation of the Wool Products Labeling Act of 1939 and the Rules and Regulations promulgated thereunder, and constituted and now constitute, unfair and deceptive acts and practices and unfair methods of competition in commerce, within the meaning of the Federal Trade Commission Act. Decision AND ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of the Federal Trade Commission Act and the Wool Prod- 268 . PEDERAL TRADE COMMISSION DECISIONS Decision and Order 61 F.T.C, ucts Labeling 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 of all the jurisdictional facts set forth in the complaint to issue herein, a statement that the signing of 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 agreement, makes the following jurisdictional findings, and enters the following order: , 1. Respondents Jake Feldman and Rose Feldman, are individuals and coowners trading as Dixie Army Surplus Store, with their office and principal place of business located at 483 Market Street, in the city of Chattanooga, State of Tennessee.

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 is ordered, That the respondents Jake Feldman and Rose Feldman, individually and as coowners trading as Dixie Army Surplus Store, or under any other trade name, and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction into commerce, or the offering for sale, sale, transportation or delivery for shipment, in commerce, of any wool product, as “wool product” and “commerce” are defined in the Wool Products Labeling Act of 1939, do forthwith cease and desist from failing to securely affix to or place on each such product, a stamp, tag, label or other means of identification showing in a clear and conspicuous manner each element of information required to be disclosed by Section 4(a) (2) of the Wool Products Labeling Act of 1939.

It is further ordered, That respondents Jake Feldman and Rose Feldman, individually and as coowners trading as Dixie Army Surplus Store or under any other trade name, and respondents’ agents, representatives and employees, directly or through any corporate or other device, do forthwith cease and desist from removing, or causing or participating in the removal of any stamp, tag, label or other means LOUIS MARX & CO., INC. 269 266 Complaint of identification affixed to any wool product subject to the provisions of the Wool Products Labeling Act of 1939 with the intent to violate the provisions of the said Act.

It is further 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 detail the manner and form in which they have complied with this order.