Brookport Classics, Inc.

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IN THE MATTER OF BROOKPORT CLASSICS, lnc" ET AL.

CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COM MISSION AND THE WOOL PRODUCTS LABELING ACTS Docket C-1235. COJiplaint, June SO, lD07-Ded,sian, June 30, 1967 Consent order requiring a New York City clothing manufacturer to cease misbranding its woolen car coats.

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 Fedoral Trade Commission, having reason to believe that Brookport Classics, Inc. , a corporation, and Jacques Schweitzer and Iac Savid, individually and as offcers 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 Brookport Classics, Inc. , is a corporation organized, existing and doing business under and by virtue of tho laws of the State of New York. Individual respondents Jacques Schweitzer and Mac Savid are offcers of said corporation. They are responsible for and formu late the acts, practices and policies of said corporation, including tho acts and practices hereinafter referred to. Respondents are manufacturers of wool products (car coats) with their offce and principal place of business located at 247 West 38th Street, New Y Ork, :- ew York. PAR. 2. Respondents now, and for some time 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 defmed in the Wool Products Labeling Act of 1939, wool pl"ducts as wool Pl'orlud" is defined therein.

PAR. 3. Certain of said woolpl'oducts were misbranded within the intent and moaning of Section 4 (a) (I) of the Wool Products Labeling Aet of 1939 and the Rules and ReKuiations promulgated BROOKPORT CLASSICS , IXC. , ET AL. 1517 1516 Decision and Order 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 wool products, namely, car coats, which contain substantially different amounts and types of fibers than were set forth on the labels affxed thereto.

PAR. 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 prescribed by the Rules and Regulations promulgated under said Act.

Among such misbranded wool products, but not Jimited thereto were certain wool products, namely car coats 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 \vas 5 per centu1l1 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 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 fol 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 agreen1ent is for settlement purposes only and does noi Orde 71 F, constitute an admission hy 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 Brookport Classics, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its offce and principal place of business located at 247 West 38th "street, New York, New York.

Respondents Jacques Schweitzer and Mac Savid are offcers 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 is ordered That Brookport Classics, Inc., a corporation, and its offcers, and Jacques Schweitzer and :vac Savid, individually and as offcers 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, 01' 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 disdosed by Section 4 (a) (2) of the Wool Products Labeling Act of 1939.

It is further' 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. DAN -DEE SPORTSWEAR ET AL. 1519 Complaint