Moniteau Mills, Inc.
Volume 71 · 71 F.T.C. 759
Cited as a basis for the FTC Notice of Penalty Offenses on Auto Rentals (1978).
Cited as a basis for the FTC Notice of Penalty Offenses on Home Improvement (1977).
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Moniteau Mills, Inc., 71 F.T.C. 759 (1967). Consumer Law Library, https://consumerlawlibrary.org/decisions/v071-0064
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11- THE IIATTER OF MONITEAU MILLS, INC., ET AL.
CONSEKT ORDER, ETC. , I1- REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE CO:l:lission AND THE WOOL PRODUCTS LABELING ACTS Docket C-1211. Complaint, May 1967-Decision, May 19fJ7 Consent order requiring a California, Mo., fabric manufacturer to cease misb anding its wool products.
COMPLAlr\T 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 saiel Acts, the Federal Trade Commission, having reason to believe that l\Ioniteau J'lills, Inc. , a corporation, and Frank A. Peck, individually and as an offcer of said corporation, and Andrew I- Strickfaden, individually and as plant manager 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:
PARAGRAPH 1. Respondent Moniteau J'vlil1s, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of Missouri.
Individual respondent F,' ank A. Peck is president of said corporation. Individual respondent Andrew H. Strickfaden is the plant manager of said corporation. The individual respm1dents are responsible for and formulate the acts, practices and policies of said corporation, including the acts and practices hereinafter referred to.
Respondents are manufacturers of wool products (fabric) with their office and principal place of business located at California Missouri.
PAR. 2. Subsequent to the effective dale 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, \vool products as "wool product" is defined therein. Decision and Order 71 F. PAR. 3. Certain of said wool products were misbranded by the respondents 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 fabrics stamped, taggcd, labeled, or otherwise identified as containing al1 wool whereas in truth and in fact, such fabrics contained substantially different fibers and amounts of fibers than represented.
P AK 4. Certain of said wool products were further misbranded by respondents 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 prcscribed by the Rules and Regulations promulgated under said Act.
Among such misbranded wool products, but not limited thereto were certain \vool products namely fabrics with labels on or affxed thereto, which failed to disclose the percentage of the total fiber weight of the "wool products exclusive of ornamentation not exceeding 5 pci' centum of said total fiber weight, of (1) \vool; (2) reprocessed wool; (3) reused wool; (4) each fiber other than wool, when said percentage by weight of such fiber \vas 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 \Vool 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 COD1meree, within the intent and meaning of the Federal Trade Commission Act.
IJECISro:- 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 IONITEAU MILLS , IKC. , E'r AL. 761 759 Order 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 settlement 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 j urisdictional findings, and enters the following order: 1. Respondent Moniteau Mills, Inc., is a corporation organized existing and doing business under and by virtue of the laws of the State of Missouri with its offce and principal place of business located at California, Missouri.
Respondents Frank A. Peck and Andrew H. Strickfaden are president and plant 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 subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.
ORDER It ':8 ordel' That Moniteau Mills, Inc., a corporation, and its offcers, and Frank A. Peck, individually and as an offlcer of said corporation, and Andrew H. StrickIaden, individually and as plant manager of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the introdudion, 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 "\vool product" are defined in the Wool Products Labeling Act of 1939 , do forthwith cease and desist from misbranding of such products by:
1. Falsely or deceptively stamping, tagging, labeling, or othenvise 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 in for- :
Complaint 71 F.
mation required to be disclosed by Section 4 (a) (2) of the Wool Products Labeling Act of 1939.
It is JUTthe?' 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.