Leon Fleisher trading as Knits by Carin, Etc.

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In THE MatTTER oF LEON FLEISHER TRADING AS KNITS BY CARIN, ETC. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FED- ERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket C-SO8. Complaint, Aug. 12. 1964—Decision, Aug. 12, 1964 Consent order requiring a New York City importer and manufacturer of wool products to cease violating the Wool Products Labeling Act by labeling sweaters as containing “75% wool mohair, 20% wool. 5% nylon,” which contained substantially different amounts of fibers than thus represented: failing to disclose on labels on certain sweaters the percentage of the total weight of the constituent fibers: and using the term “mohair” in lieu of “wool” without setting forth the correct percentage of mohair present. KNITS BY CARIN ETC. 501 500 Complaint CoMPLAINY Pursuant to the provisions of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939 and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Leon Fleisher, an individual trading as iXnits By Carin and Fleisher Fur Co. and Susan DeWilde, individualiy and as an employee of Knits By Carin and Edward Furer, individually and as an employee of Fleisher Fur Co.. 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: Paracrars 1, Respondent Leon Fleisher is an individual trading as IXnits By Carin and Fleisher Fur Co.

Respondent Susan DeWilde is an individual employed by said above respondent as buyer and designer.

Respondent Edward Furer is an individual employed by respondent Leon Fleisher as sales manager. They participate in the formation of the acts, practices and labeling policy of the firms. Respondent Leon Fleisher is an importer of wool products with his office and principal place of business located at 333 Seventh Avenue, New York, New York. Respondents Susan DeWilde and Edward Furer are employed at said address.

Par. 2. Subsequent to the effective date of the Wool Products Labeling Act of 1989, respondents have manufactured for introduction into commerce, introduced into commerce, sold, transported, distributed, delivered for shipment, shipped and offered for sale in commerce as “commerce” is defined in said Act, wool products as “wool product” is defined therein. ;

Par. 8. Certain of said wool products were misbranded by respondents within the intent and meaning of Section 4(a) (1) of the Wool Products Labeling Act of 1939 and the Rules and Regulations promulgated thereunder, in that they were falsely and deceptively stamped, tagged, labeled or otherwise identified with respect to the character and amount of the constituent fibers contained therein. Among such misbranded wool products but not limited thereto, were sweaters stamped, tagged, labeled or otherwise identified as containing 75% wool mohair, 20% wool, 5% nylon, whereas in truth and in fact, said sweaters contained substantially different amounts of fibers than represented.

Decision and Order 66 F.T.C.

Par. 4. Certain of said wool products were further misbranded by respondents in that they were not stamped, tagged, labeled or otherwise identified as required under the provisions of Section 4(a) (2) of the Wool Products Labeling Act of 1939 and in the manner and form as prescribed by the Rules and Regulations promulgated under said Act.

Among such misbranded wool products, but not limited thereto, were certain sweaters with labels on or affixed thereto which failed to disclose the percentage of the total fiber weight of the wool product, exclusive of ornamentation, but not exceeding five percentum of said total fiber weight of: (1) woolen fibers; (2) each fiber other than wool if said percentage by weight of such fiber is five percentum or more; (8) the aggregate of all other fibers.

Par. 5. Certain of said wool products were misbranded in violation of the Wool Products Labeling Act of 1939, in that they were not labeled in accordance with the Rules and Regulations promulgated thereunder, in that the term “mohair” was used in lieu of the word “wool” in setting forth the required fiber content information on labels affixed to wool products without setting forth the correct percentage of the mohair, in violation of Rule 19 of the Rules and Reeulations under the Wool Products Labeling Act of 1939. Par. 6. The acts and practices of the respondents as set forth above 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 intent and 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 Products Labeling Act of 1939, 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 thereatter executed an agreement containing a consent order, an admission by 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 KNITS BY CARIN ETC. 503 500 Decision and Order 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, Respondent Leon Fleisher is an individual trading as Knits By Carin and Fleisher Fur Co., with his office and principal place of business located at 333 Seventh Avenue, in the city of New York, State of New York.

Respondents Susan DeWilde and Edward Furer are employees of Leon Fleisher, and their address is the same as that of said above respondent.

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 BaDes It is ordered, That responcent Leon Fleisher, an individual trading as Knits By Cavin and Fleisher Fur Co., or uncer any other name and respondent Susan DeWilde individually and as an employee of Knits By Carin and respondent Edward Furey individually and as an employee of Fleisher Fur Co., and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction or manufacture for introduction into commerce, or the offering for sale, sale, transportation, distribution or delivery for shipment, or shipment in commerce, of sweaters or other wool products, as “ecommerce” and “wool product” are defined in the Wool Products Labeling Act of 1939, do forthwith cease and desist from :

Misbranding such products by:

1. Falsely and deceptively stamping, tagging, labeling or otherwise identifying such products as to the character or amount of constituent fibers contained therein. 9. 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. © 8. Using the term “mohair” in lieu of the word “wool” in setting forth the required fiber content information on labels 856-438S—70——33 504 + FEDERAL TRADE COMMISSION DECISIONS Complaint 66 F.T.C.

affixed to wool products without setting forth the correct percentage of the mohair present.

Lt 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.