Joseph Yezzi doing business as Yezzi Etc.
Volume 66 · 66 F.T.C. 619
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Joseph Yezzi doing business as Yezzi Etc., 66 F.T.C. 619 (1964). Consumer Law Library, https://consumerlawlibrary.org/decisions/v066-0055
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JOSEPH YEZZI DOING BUSINESS AS YEZZI ETC.
CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION, THE FUR PRODUCTS LABELING, THE WOOL PRODUCTS LABELING AND THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACTS Docket C-823. Complaint, Sept. 2, 1964—Decision, Scpt. 2, 1964 Consent order requiring a Pittsfield, Mass., retail clothier to cease misbranding his wool, fur and textile fiber products and failing to keep required records. .
Complaint 66 F.T.C.
identified with any of the information required under Section 4£(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. 11. Respondent with the intent of violating the provisions of the Wool Products Labeling Act of 1939 has 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. 12. The acts and practices cf the respondent ag set forth above in Paragraphs Ten and Eleven 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.
Par 13. Subsequent to the effective date of the Textile Fiber Products Identification Act on March 3, 1960, respondent has been and is now engaged in the introduction, delivery for introduction, sale, advertising, and offering for sale, in commerce, and in the transportation or causing to be transported in commerce, and in the importation into the United States, of textile fiber products; and has sold, offered for sale. advertised, delivered, transported. and caused to be transported, textile fiber products, which have been advertised or offered for sale in commerce; and has sold, offered for sale, advertised, delivered, transported, and caused 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. 14. Certain of said textile fiber products were misbranded by respondent in that they were not stamped, tagged, or labeled with any of the information required under the provisions of Section 4(b) of the Textile Fiber Products Identification Act, or in the manner and form as prescribed by the Rules and Regulations promulgated under said Act.
Par. 15. After certain textile fiber products were shipped in commerce, respondent has removed or caused or participated in the removal of, prior to the time such textile fiber products were sold and delivered to the ultimate consumer, the stamp, tag, label or other identification required by the Textile Fiber Products Identification Act to be affixed to such products, in violation of Section 5(a) of said Act. YEZZI ETC. 623 619: Decision and Order Par. 16. The acts and practices of respondent as set forth above were, and are, in violation of the Textile Fiber Products Identification Act 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. DeEcIsIoN AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Bureau of Textiles and Furs proposed to present: to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade.Commission Act, the Fur Products Labeling Act, the Wool Products Labeling Act of 1939, and the Textile Fiber Products Identification Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by the respondent that the law has been violated as alleged in such complaint, and waivers and provisions as required by the Commission’s rules; and The Commission, having reason to believe that the respondent has violated the said Acts, and having determined that complaint should issue stating its charges in that respect, hereby issues its complaint, accepts said agreement, makes the foliowing jurisdictional findings and enters the following order:
1. Respondent Joseph Yezzi is an individual with his office and principal place of business located at 404 Fulton Street, Troy, New York, where his retail operation is conducted under the trade name Lord & Tann. A second retail store is operated under the trade name Yezzi at Pittsfield, Massachusetts.
2. The Federal Trade Commission has jurisdiction of the subject matter of this preceeding and of the respondent and the proceeding is in the public interest.
ORDER It is ordered, That respondent Joseph Yezzi, an individual, trading as Yezzi or as Lord & Tann, or under any other trade name, and respondent’s representatives, agents and employees, directly or through
Complaint 66 F.T.C.
Products Identification Act to be affixed to any textile fiber product, after such textile fiber product has been shipped in commerce and prior to the time such textile fiber product is sold and delivered to the ultimate consumer.
It is further ordered, That the respondent herein shall, within sixty (60) days after service upon him of this order, file with the Commission a report in writing setting forth in detail the manner and form in which he has complied with this order.