Gloveshire Coats, Inc.
Volume 71 · 71 F.T.C. 1556
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Gloveshire Coats, Inc., 71 F.T.C. 1556 (1967). Consumer Law Library, https://consumerlawlibrary.org/decisions/v071-0101
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IN THE MATTER OF GLOVES HIRE COATS, INC., ET AL.
CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COM:\ISSION AND THE WOOL PRODUCTS LABELING ACTS Docket C-1244. Complaint, June 30, 1967-Decision, June 30, 1967 Consent order requiring two New York City clothing manufacturers to cease misbranding their wool products.
COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Wool Products Labeling Act of J 939, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Gloveshire Coats, Inc., and Toby Juniors, Ltd. , corporations, and Stuart Glovinsky and Jerome Glovin, individually and as offcers of said corporations, 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. Respondents Gloveshire Coats, Inc. , and Toby Juniors, Ltd., are corporations organized, existing and doing business under and by virtue of the laws of the State of New York. Individual respondents Stuart Glovinsky and Jerome Glovin are offcers of said corporations. They formulate, direct add control the acts, practices and policies of said corporations, including the acts and practices hereinafter referred to. Respondents are manufacturers of wool products (coats) with their offce and principal place of business located at 252 West 37th Street, New York, Xew York.
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 the Wool Products Labeling Act of 1939 , 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 GLOVES HIRE COATS , INC., ET AL. 1557 1556 Decision and Order 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 wool products, namely coats, which contained substantially different amounts and types of fibers than as represented 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 limited thereto were certain wool products, namely, coats, with labels 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 per centum of said total fiber weight, of (I) wool; (2) reprocessed wool; (3) reused wool; (4) each fiber other than wool, when said percentage by weight of such fiber was 5 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 Acts of 1939 and the Rules and Regulations promulgated thereunder, and constituted and now constitute, unfair methods of competition and unfair and dcceptive 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 there.after 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 Order 71 F.
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 j urisdictional finding-s, and enters the following order: 1. Respondents Gloveshirc Coats, Inc., and Toby Juniors, Ltd. are corporations organized, existing and doing business under and by virtue of the laws of the State of New York, with their offce and principal place of business located at 252 West 37th Street, New York, New York.
Respondents Stuart Glovinsky and Jerome Glovin are offcers of said corporations and their address is the same as that of said corporations.
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 Gloveshire Coats, Inc. , and Toby Juniors, Ltd., corporations, and their offcers, and Stuart Glovinsky and Jerome Glavin, individually and cts offcers of said corporations, 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 Hwool product" are defined in the \Voo! 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.
MARS MFG. CO. , mc. OF ASHEVILLE , N. C" ET AL. 1559 1556 Complaint 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.