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A. E. Alexander, Ltd.

Volume 69 · 69 F.T.C. 218

Citation
69 F.T.C. 218
Docket
C-1046
Complaint
1966-03-03
Decision
1966-03-03
Document type
consent order
Case type
consumer protection
Statutes
FTC Act (section 5); Wool Products Labeling Act
Industry
apparel manufacturing
Outcome
consent order entered
Relief
cease_and_desist; compliance_reporting
Source
Original volume PDF
Original PDF
This decision as a PDF

product labelingdeceptive advertising

Cite this decision

A. E. Alexander, Ltd., 69 F.T.C. 218 (1966). Consumer Law Library, https://consumerlawlibrary.org/decisions/v069-0025

Report an error in this record (decision id v069-0025)

Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF A. E. ALEXA~DER, LTD.

CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABEL- ING ACTS Docket C-l046. Complaint, March 19CO-Decision, March, 1966 Consent order requiring a New York City corporation to ceas€ violating the Wool Products Labeling Act by falsely labeling the fiber content of its wool products and failing to comply with other statutory requirements of the Act.

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 A. E. Alexander, Ltd. , a corporation, hereinafter referred to as respondent has 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 A. E. ALEXANDER, LTD. 219 218 Complaint hereby issues its com-thereof would be in the public interest, plaint stating its charges in that respect as follows ; PARAGRAPH 1. Respondent A. E. Alexander, Ltd. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York.

Respondent is a manufacturer of wool products with its offce and principal place of business located at 520 Eighth Avenue, New York, ~ew York. The aforesaid respondent conducts its business in part through the use of subsidiary corporations such as Bernard Weinstein Company, Inc., and Toronto Coat Co., Inc., among others and by means of trade names, such as " Peggy N Sue" and A Young Original Petite " among others, but not limited thereto. PAR. 2. Subsequent to the effective date of the Wool Products Labeling Act of 1939 respondent has 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. 3. Certain of said wool products were misbranded by respondent 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 materials contained therein.

Among such misbranded wool products, but not limited thereto were wool products stamped, tagged, labeled or otherwise identi- , said fied as containing Jeopard fur whereas in truth and in fact wool products did not contain any leopard fur. PAR. 4. Certain of said wool products were misbranded by respondent in that they were not stamped, tagged, labeled or otherwise identified as required under the provisions of Section and in4 (a) (2) of the Wool Products Labeling Act of 1939, 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 wool products with labels on or affxed thereto which failed to disclose the percentage of the total fiber weight of the wool product, exclusive of ornamentation not exceeding 5 per centum of said total fiher weight; and (1) woolen fibers; (2) each fiber other than wool if said percentage by weight of such fiber is 5 per centum or more; (3) the aggregate of al1 other fibers. Decision and Order 69 F.

PAR. 5. The acts and practices of the respondent as set forth Products Labelingabove were, and are, in violation of the Wool 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 respondent named in the caption hereof with violation of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939, and the respondent 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 respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by respondent of all the jurisdictional facts set forth 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 respondent 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 A. E. Alexander, Ltd. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of ~ ew York, with its offce and principal place of business located at 520 Eighth Avenue, New York, New York. Said respondent conducts its business in part through the use of subsidiary corporations, such as Bernard Weinstein Company, Inc., and Toronto Coat Co. , Inc., among others, and by means of " and" A Y Qung Original Pe- trade names, such as "Peggy N Sue tite " among others, but not limited thereto. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

SPINNERIN YARN CO., INC. 221 218 Syllabus ORDER It is or-dered That respondent A. E. Alexander, Ltd., a corporation, and its offcers, and its subsidiary corporations and respondent' s representatives, agents and employees, trading as "Peggy N Sue " and" A Young Original Petite " or under any other name 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 wool products as "commerce" 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 or materials contained therein.

2. Failing to securely affx 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 orde?' That the respondent herein shall, within sixty (60) days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with this order.

← 69 F.T.C. 213 · 69 F.T.C. 221 →