Fae Swarthout

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IN THE MATTER OF FAE SWARTHOUT TRADING AS FAE'S HOUSE OF BRIDES CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE TEXTILE FIBFJ PRODUCTS IDENTIFICATION ACTS Docket C-l048. Complaint, March 11, 966-Decision, March 1966 Consent order requiring a Sacramento, Calif., owner of a women s ready-towear shop, to cease misbranding, removing required labels from, and failing to keep required records for textile fiber products. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Identification Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Fae Swarthout, an individual trading as Fae s House of Brides, hereinafter referred to as respondent, has violated the provisions of said Acts and the Rules and Regulations promulgated under the Textie Fiber Products Identification Act, 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 PARAGRAPH 1. Respondent Fae Swarthout is an individual trad-follows: ing as Fae s House of Brides, with her offce and principal place of business located at 1012 10th Street, Sacramento, California. The respondent operates a single retail establishment where she is engaged in the sale of ladies' formals, gowns, dresses, and robes.

PAR. 2. Subsequent to the effective date of the Textie Fiber , 1960 , respondent has Products Identification Act on March 3 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 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, textie FAE S HOUSE OF BRIDES 461 460 Complaint fiber products, either in their original state or contained in other textie fiber products; as the terms "commerce" and "textie fiber product" are defined in the Textile Fiber Products Identification Act.

PAR. 3. Certain of said textile fiber products were misbranded by respondent in that they were not stamped, tagged, labeled, or otherwise identified to show any of the information required under the provisions of Section 4(b) of the Textile Fiber Products Identification Act, and the Rules and Regulations promulgated under said Act.

Among such misbranded textie fiber products, but not limited thereto, were textie fiber products to which no labels whatever were affxed, and textie fiber products with labels which failed to show in words and figures plainly legible: (1) The true generic names of the constituent fibers present in textile fiber products; and (2) The percentage of each of such fibers; and (3) The name, or other identification issued and registered by the Commission, of the manufacturer of the product, or one or more persons subject to Section 3 with respect to such product. PAR. 4. Respondent, in violation of Section 5 (a) of the Textie Fiber Products Identification Act, has caused and participated in the removal of, prior to the time textie fiber products subject to the provisions of the Textie Fiber Products Identification Act were sold and delivered to the ultimate consumer, labels required by the Textile Fiber Products Identification Act to be affxed to such products, without substituting therefor labels conforming to Section 4 of said Act and in the manner prescribed by Section 5 (b) of said Act.

PAR. 5. Respondent in substituting a stamp, tag, label or other identification pursuant to Section 5 (b) has not kept such records as would show the information set forth on the stamp, tag, label or other identification that was removed and the name or names of the person or fcrsons from whom such textie fiber product was received, in violation of Section 6(b) of the Textile Fiber Products Identification Act.

PAR. 6. The acts and practices of the 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 methods of competition and unfair and deceptive acts or practices, in commerce, under the Federal Trade Commission Act. Order 69 F. T.

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 Textie Fiber Products Identification Act, 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 al1 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 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 Fae Swarthout is an individual trading as Fae House of Brides, with her offce and principal place of business located at 1012 10th Street, Sacramento, California. 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.

ORDER It is o1'dered That respondent Fae Swarthout, an individual trading as Fae s House of Brides, or any other name, and respondent' s representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, delivery for introduction, sale, advertising, or offering for sale, in commerce, or the transportation or causing to be transported in commerce, or the importation into the United States, of any textile fiber product; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, of any textie fiber product, which has been advertised or offered for sale in commerce; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, after shipment in commerce, of any FAE S HOUSE OF BRIDES 463 460 Order textie fiber product, whether in its original state or contained in other textile fiber products, as the terms "commerce" and "textile fiber product" are defined in the Textie Fiber Products Identification Act, do forthwith cease and desist from misbranding textile fiber products by failing to affx labels to such textile fiber products showing in a clear, legible and conspicuous manner each element of information required to be disclosed by Section 4 (b) of the Textile Fiber Products Identification Act. It is furthe1' ordel'ed That respondent Fae Swarthout, an individual trading as Fae s House of Brides, or any other name, and respondent' s representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from removing or mutiating, or causing or participating in the removal or mutilation of, the stamp, tag, label or other identification required by the Textile Fiber Products Identification Act to be affxed 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, without substituting therefor labels conforming to Section 4 of said Act and the Rules and Regulations promulgated thereunder and in the manner prescribed by Section 5 (b) of said Act.

It is furthe1' o1'de1'ed That respondent Fae Swarthout, an individual trading as Fae s House of Brides, or any other name, and respondent' s representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from failing to keep such records when substituting a stamp, tag, label, or other identification pursuant to Section 5 (b) as would show the information set forth on the stamp, tag, label Or other identification that was removed, and the name or names of the person or persons from whom such textile fiber product was received.

It is further o1'de1'ed That the respondent herein shah, within sixty (60) days after service upon her of this order, file with the Commission a report in writing setting forth in detail the manner and form in which she has complied with this order. Complaint 69 F.