David Hoffman, an individual trading as Hoffman & Son

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IN THE MATTER OF DAVID HOFFMAN TRADI:'G AS HOFFMAN & SON CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATIO;- OF THE FEDERAL TRADE COM MISSION , THE WOOL PRODUCTS LABELING AND THE TEXTILE FIBER PRODUCTS IDE"TIFICATIO!\ ACTS Docket C-1241. Complaint, June 30, 19U7-lJec'ision, June 30, 1967 Consent order requiring a Worcester, Mass. , producer of wool fiber stock to cease misrepresenting the fiber content of wool products on invoices, misbranding woolens, and furnishing false guarantees on textile fiber products.

COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act, the Wool Products Labeling Act of 1939 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 David Hoffman, an individual trading as Hoffman & Son, sometimes hereinafter referred to as respondent, has violated the provisions of said Acts and the Rules and Regulations promulgated under the Wool Products Labeling Act of 1939 and the Textile 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 follmvs:

PARAGRAPH 1. Respondent David Hoffman is an individual trading as Hoffman & Son. Respondent is engaged in the production and sale of wool fiber stock with his offce and principal place of business located at 41 Sutton Lane, Worcester, Massachusetts. PAR. 2. Respondent, no\v and for some time last past, has 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 the Wool Products Labeling Act of 1939, wool products as wool product" is defined therein.

PAR. 3. Certain of said wool products were misbranded by the respondent within the intent and meaning of Section 4 (a) (1) of the Wool Products Labeling Act of 1939 and Rules and Regulations promulgated thereunder, in that they were falsely and deceptively stamped, tagged, labeied, or otherwise identified with respect to the character and amount of the constituent fibers contained therein.

HOFFMAN & SON 1543 1542 Complaint Among such misbranded wool products, but not limited thereto was wool fiber stock stamped, tagged, labeled, or otherwise identified by respondents as 77% Wool, 13% Acetate and 10% Xylon, whereas in truth and in fact, said products contained substantially different fibers and amounts of fiber than represented. PAR. 4. Certain of said wool products were further misbranded by respondent in that they were not stamped, tagged, labeled, or othenvise identified as required under the provisions of Section 4 (a) (2) of thc 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 was a wool product with a label on or affxed thereto which failed to disclose the percentage of the total fiber weight of the said wool product, exclusive of ornamentation not exceeding 5% of the 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 was 5 % or more; and (5) the aggregate of all other fibers.

PAR. 5. The acts and practices of the respondent as set forth above \verc, 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 OJ' practices, in commerce within the meaning of the Federal Trade Commission Act. PAR. 6. Respondent is now, and for some time last past has been, engaged in the offering for sale, sale and distribution of certain products, namely wool fiber stock. In the course and conduct of its business the aforesaid respondent now causes, and for some time last past has caused, its said products, when sold, to be shipped from its place of business in the Commonwealth of Massachusetts to purchasers located in various other States of the United States, and maintains, and at all other times mentioned herein has maintained, a substantial course of trade in said products in commerce, as "commerce" is defined in the Federal Trade Commission Act.

PAR. 7. Respondent in the course and conduct of its business has made statements on invoices to its customers, misrepresenting the fiber content of certain of its wool products. Among such misrepresentations, but not limited thereto, were statements made on invoices representing the fiber content thereof as 77% Wool 13'10 Acetate and 10% Xylon whereas in truth and 1544 FEDERAL TRADE CO:lI:lission DECISIONS Decision and Order 71 F.

in fact, the products contained substantially different fihers and amounts of fibers than represented.

PAR. 8. The acts and practices set out in Paragraph Seven have the tendency and capacity to mislead and deceive the purchasers of said products as to the true content thereof. PAR. 9. The aforesaid acts and practices of respondent, as herein alleged were, and are, all to the prejudice and injury of the public, and constituted, and now constitute, unfair and deceptive acts add practices in commerce, within the intent and meaning of the Federal Trade Commission Act.

PAR. 10. Respondent furnished false guaranties on invoices pertaining to products sold, shipped and distributed in commerce that its products were not misbranded in violation of Section 10 (b) of the Textile Fiber Products Identification Act. PAR. 11. The acts and practices of respondent, as set forth above were, and are, in violation of the Textile Fiber Products Identification Act and constituted, and now constituie, unfair methods of competition and unfair and deceptive acts or practices in commerce, within the 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 respondent named in the caption hereof, and the respondent 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 respondent with violation of the Federal Trade Commission Act, the Wool Products Labeling Act of 1939 and the Textile Fiber Products Identification Act; and The respondent and counsel for the Commission having thereafter executed an agreen1ent containing a consent order, an admission by the respondent 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 respondent 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 respondent has violated said Acts, and having determined that complaint should issue stating its charges in that respect, hereby issues its HOFFMAN & SON 1545 1542 Order complaint, accepts said agreement, makes the following jurisdictional findings, and enters the following order: 1. Respondent David Hoffman is an individual trading as Hoffman & Son, with his offce and principal place of business located at 41 Sutton Lane, Worcester, :vassachusetts. 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 ':8 ordered That respondent David Hoffman, an individual trading as Hoffman & Son, or under any other trade name, and respondent' s 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 and 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 identiflcation showing in a clear and conspicuous manner each element information required to be disclosed by Section 4 (a) (2) of the Wool Products Labeling Act of 1939.

It is furthe?' ordered That respondent David Hoffm,m, an individual trading as Hoffman & Son, or under any other trade name, and respondent' s representatives, agents and employees directly or through any corporate OJ' other device, in connection with the offering for sale, sale or distribution of wool products or other products in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting the character or amount of the constituent fibers contained in such products, on invoices or shipping memoranda applicable thereto or in any other manner. It l:S further o?'dered That respondent David Hoffman, an individ ual trading as HolIman & Son, OJ' under any other trade name, and respondent' s representatives, agents and employees directly or through any corporate or other device, do forthwith cease and desist from furnishing a false guaranty that any textile Complaint 71 F. T.

fiber product is not misbranded or falsely invoiced under the provisions of the Textile Fiber Produds Identification Act. It is further o"dered That the respondent herein shall, within sixty (60) days after service upon him of this order, file with the Commission a report in writing setting forth in detail the manner and form in which he has complied with this order.