V. C. Sportswear Corp.

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IN THE MATTER OF V. C. SPORTSWEAR CORP. ET AL.

CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATIONS OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket C-1168. Complaint, Feb. 8, 1967-Decision, Feb. , 1967 Consent order requiring a New York Cjty manufacturer of wool products to cease misbranding the fiber content of its merchandise. 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 V. C. Sportswear Corp., a corporation, and Herman Cohen, individually and as an offcer of said corporation, and Marvin Cohen, individually and as manager, and Barry Cohen, individually and as assistant manager of said corporation, 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: PARAGRAPH 1. Respondent V. C. Sportswear Corp. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York.

Individual respondent Herman Cohen is an offcer of said corpol' ate respondent. Individual respondents Marvin Cohen and Barry Cohen are manager and assistant manager respectively of said corporation. They formulate, direct and control the acts policies and practices of said corporation, including the acts and practices hereinafter referred to.

Respondents are manufacturers of wool products with their v. C. SPORTSWEAR CORP. ET AL 133 132 Complaint offce and principal place of business located at 475 Broadway, New York, New York.

PAR. 2. Subsequent to the effective date of the Wool Products Labeling Act of 1939, 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. 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 certain slacks stamped, tagged, labeled or otherwise identified as containing "20% linen, 50% wool, 30% acetate " whereas in truth and in fact, said slacks contained substantially different amounts of v;loolcn fibers than represented and contained other fibers in amounts of five per centum or more which fiber names were not set forth on labels.

PAR. 4. Certain of said wool products were further misbranded 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 slacks 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 fiber weight, of (1) wool; (2) reprocessed wool; (3) reused wool; (4) each fiber other than wool, when said percentage by weight of such fiber is G per centum or more; and (5) the aggregate of all other fibers.

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 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 71 F. DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents 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 respondents with violation of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939; and The respondents and counsel for the Commission having thereafter executed an agreement containing,.a consent order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settement purposes only and does not constitute an admission by the respondents 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 respondents have violated said Acts, and having determined that complaint should issue stating its charges in that respect, hereby issues its complaint, accepts said agreement, makes the following jurisdictional findings, and enters the following order: 1. Respondent V. C. Sportswear Corp. is a corporation organized, existing and doing business under and by virtue of the Imvs of thc State of New York, with its offce and principal place of business located at 475 Broadway, in the city of New York, State of €\V York.

Respondent Herman Cohen is an offcer of said corporation and respondents -farvin Cohen and Barry Cohen are manager and assistant manager respectively of said corporation and their address is the same as that of said corporation. 2. The Federal Trade Commission has jurisdiction of the subj ect matter of this proceeding and of the responden ts, and the proceeding is in the public interest.

ORDER It is ordered That respondents V. C. Sportswear Corp., a corporation, and its offcers, and Herman Cohen, individually and as an offcer of said corporation, and Marvin Cohen, individually and as manager, and Barry Cohen individually and as assislant manager of said corporation, and respondents' representatives, agents and employees, directly or through any corpOlate or other device THE PROCTER & GAMBLE CO. 135 132 Complaint in connection with the introduction, or manufacture for introduction, into commerce, or offering for sale, sale, transportation distribution, delivery for shipment or shipment, in commerce, of \\'001 products, as "commerce" and "wool product" a € defined in the Wool Products Labeling Act of 1939, do forthwith cease and desist from misbranding such products by: 1. Falsely 01' deceptively stamping, tagging, labeling, 01' otherwise identifying such products as to the character or amount of the constituent fibers contained therein. 2. Failing to securely affx to or place thereon a stamp, tag, label, or other means of identification correctly showing in a clear and conspicuous manner each element of information required to be disclosed by SectlOn 4 (a) (2) of the Wool Products Labeling Act of 1939.

It is fU1.ther 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.