Cyn Les Sportswear, Inc., et al.

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CYN LES SPORTSWEAR, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket C-891. Complaint, Apr. 9, 1965—Decision, Apr. 9, 1965 Consent order requiring a New York City importer of wool products to cease violating the Wool Products Labeling Act by misbranding the fiber content CYN LES SPORTSWEAR, INC., ET AL. 453 452 Complaint of wool products, such as labeling vertain sweaters as “70% Mohair, 30% Wool,” -when said sweaters contained substantially different fibers and amounts than represented, and using the term “Mohair” in lieu of the word “Wool” on labels to describe certain fibers that were not entitled to such designation.

Complaint 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 Cyn Les Sportswear, Inc., a corporation, and Jack Haber and Samuel Haber individually and as officers of said corporation, hereinafter referred to as respondents, have violated the provisions of 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:

Paracrary 1. Respondent Cyn Les Sportswear, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York.

Individual respondents Jack Haber and Samuel Haber are officers of said corporation and cooperate in formulating, directing, and controlling the acts, policies and practices of the corporate respondent including the acts and practices hereinafter referred to. Respondents are importers of wool products with their office and principal place of business located at 989 Sixth Avenue, New York, New York.

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, shipped and offered for sale in commerce as “commerce” is defined in said Act, wool products as “wool product” is defined therein. Par. 3. Certain of said wool products were misbranded 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 70% Mohair, 30% Wool, whereas in truth and in fact, such sweaters contained substantially different amounts of fibers than represented.

Decision and Order 67 F.T.C.

Par. 4. 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” setting forth the required fiber content information on labels affixed to wool products when certain of the fibers described as “Mohair” were not entitled to such designation, in violation of Rule 19 of the Rules and Regulations under the Wool Products Labeling Act of 1989.

Par. 5. The acts and practices of the respondents as set forth above were, and are in violation of the Wool Products Labeling Act of 1989 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 thereafter 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 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 Cyn Les Sportswear, 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 989 Sixth Avenue, in the city of New York, State of New York.

ALASKAN FUR CO., INC., ET AL. 455 452 Syllabus Respondents Jack Haber and Samuel Haber are officers 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 lt is ordered, That respondents Cyn Les Sportswear, Inc., a corporation and its officers, and Jack Haber and Samuel Haber, individually and as officers of said corporation, and respondents’ representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from introducing into commerce, or offering for sale, selling, transporting, distributing, or delivering for shipment in commerce, wool sweaters or any other wool products, as “commerce” and “wool product” are defined in the Wool Products Labeling Act of 1939.

1, Which are falsely or deceptively stamped, tagged, labeled or otherwise identified as to the character or amount of the constituent fibers contained therein.

2. To which is affixed a label wherein the term “Mohair” is used in lieu of the word “Wool” in setting forth the required information on labels affixed to such wool products unless the fibers described as “Mohair” are entitled to such designation and are present in at Jeast. the amount stated. 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.