California Sportswear Company et al.

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

IN THE MATTER OF CALIFORKIA SPORTSWEAR CO;VIPANY ET AL.

CONSEKT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODlJCTS LABELING ACTS Docket C-1210. Complaint, May 2S, 196'7-Decision, Ma.y, 196'1 Consent order requiring a Los Angeles, Calif., clothing manufacturer to cease misbranding its wool products.

Complaint 71 F.

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 California Sportswear Company, a corporation, and Samuel Tyco Cohen, individually and as an offcer of said corporation, hereinafter referred to as respondents, have violated the provisions of said Acls 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 California Sportswear Company is a corporation organized, existing and doing business under and by virtue of the laws of the State of California. Individual respondent Samuel Tyco Cohen is an otncer of the corporate respondent. He formulates, directs and controls the acts, practices and policies of said corporation, including the acts and practices hereinafter referred to.

Respondents are manufacturers of leather coats and wool producls with their offce and principal place of business located at 1030 S. :tIaple A venue, Los Angeles, California. PAR. 2. Respondents now, and for sometime last past, 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 Wool Products Labeling Act of 1939, wool products as "wool product" is defined therein PAR. 8. 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 constitutent fibers contained therein. Among such misbranded wool products, but not limited thereto were coats stamped, tagged, labeled, or otherwise identified as containing 40% wool 35j"( reprocessed wool 15je unknown reprocessed fabric, 105, other fibers, whereas in truth and in fact, such wool products contained substantially different amounts of fibers than represented.

CALIFORNIA SPORTSWEAR CO. ET AL. 757 755 Decision and Order PAR. 4. Certain of said wool products were further misbranded by respondents in that they were not stamped, tagged, labeled, or otherwise identified as reqldred 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 V'las a ,vool product, namely a coat, \with a label on or affxed thereto, which failed to disclose the percentage of the total Iiber weight of the \vool product, exclusive of ornamentation not exceeding 5 per centum of said total Iiber weight, of (1) wool; (2) reprocessed wool; (3) reused wool; (4) each Iiber other than wool, when said percentage by \veight of such fiber was 5 percentage or more; (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 methods of competition and unfair and deceptive acts and practices, in commerce, within the intent and meaning of the Federal Trade Commission Act.

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 758 FEDERAL TRADE COMMISSIOK DECISIONS Order 71 F.

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 California Sportswear Company is a corporation organized, existing and doing business under and by virtue of the laws of the State of California, with its offce and principal place of business located at 1030 South Maple Avenue, Los Angeles California.

Respondent Samuel Tyco Cohen is an offcer of said corporation and his 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 It is ordered That respondents California Sportswear Company, a corporation, and its officers, and Samuel Tyeo Cohen individually and as an offcer of said corporation, and respondents representatives, agents and employees, 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, 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 or deceptively stamping, tagging, labeling, or otherwise identifying such products as to the character or amount of the constituent fibers 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 onlered 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. MONITEAU MILLS , INC. , ET AL. 759 Complaint