Associated Sales and Bag Company

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

in which they have complied with this order. IN THE l\1A TTER OF ASSOCIATED SALES AND BAG COj)IPANY TRADING AS ASSOCIATED BAG COj)IPANY ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FED- ERAL TRADE CO:\DIISSION AND THE TEXTILE FIBER PRODUCTS !DENTInCA- TION . CTS Docket 0-1301, Complaint, Feb. 1968-Decision, Feb. , 1968 Consent order requiring a ;\lilwaukee, 'Vis., corporation to cease misbranding its textile fiber products.

COl\:IPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Inclentification Act, and by virtue of ASSOCIATED BAG CO. ET AL. 449 448 Complaint the authority vested in it by said Acts, the Federal Trade Commission having reason to believe that Associated Sa.les and Bag Company, a corporation, trading as Associated Bag Company, and Philip Rubenstein, individually and as an offieer of said corporation, hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules and Regulations promulgated under the Textile Fiber Products Identification Aet, and it a,ppeaTing to the COlmnission that a proceeding by it in respect thereof would be in the public interest hereby issues its complaint stating its charges. in that respect follows:

PARAGRAPH 1. Respondent Associated Sales and Bag Company, trading as Associated Bag Company, is a corporation organized, existing and doing business under and by virtue of the laws of the State of vVisconsin.

Respondent Philip Rubenstein is an officer of said corporate respondent. He formulates, directs and controls the acts, practices and policies of said corporate respondent. Respondents are engaged in the sale and distribution of textile' fiber products, including textile stock, with their office and principal place of business located at 605 South First Street, ~filwaukee 1Viseonsin.

PAR. 2. Respondents, now and for some time last past, have been engaged in the introduction, delivery for introduction, manufacture for introduction, sale, advertising, and offering for sale, in commerce and in the transportation or causing to be transported in commerce and in the importation into the United States of textile fiber products; and have sold, offered for sale, advertised, delivered, transported and caused to be transported, textile fiber products, ,which have been advertised or offered for sale in commerce; and have sold, offered for sale, advertised, delivered, transported and caused to be transported after shipment in commerce, textile fiber products, either in their original state or contained in other textile fiber products; as the terms commerce" and "textile fiber product" are defined in the Textile Fiber Products Identification PAR. 3. Certain of saidAct..textile fiber products were misbranded by respondents within the intent and meftning of Section 4(a) of the Textile Fiber Products Identification Act and the Rules and Regulations promulgated thereunder in that they were falsely and deceptively stamped, tagged, labeled, invoiced, advertised, or otherwise identified as to the name or amount of the eonstituent fibers contained,d therein. Among such lnisbranded textile fiber products, but not limited thereto, was textile fiber stock represented by respondents to be Acrylic 450 FEDERAL TRADE CO~fMISSION DECISIONS 73 F. Decision and Order and ~10daerylic whereas, in truth and in fact, such textile stock eontained substantially different amounts of fibers than as represented. PAR. 4. Certain of said textile fiber products "Were further mis. branded by respondents in that they "Were not stamped, tagged, labeled or otherwise identified to show each element of information required to be disclosed by Sect.ion 4 (b) of the Textile Fiber Products Identifieaform prescribed by the Rules and tion Act, and in the manner and Regulations promulgated under said Act..

Among such textile fiber products, but not limited thereto, was textile stock v:without fiber content labels.

PAR. 5. The acts and practices of respondents as set forth above "ere, and are, in violation of the Textile Fiber Products Identification Aet and the Rules and Regulations promulgated thereunder, and constituted, and now constitute, unfair methods of competition and unrail' and deceptive acts or practices, in commerce, under the Federal Trade Commission Aet.

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 "ith 3 copy or a draft or complaint ,which the Bure,au of Textiles and Furs proposed to present to the Commission for it.s consideration a.nd which, if issued by the Commission, would charge respondents with violation of the Federal Trade Commission Act and the Textile Fiber Products Identification Aet; and The respondents and counsel ror 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 a.foresaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the law has been violated as alleged in such complaint and waivers and other provisions as required by the Commission Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have violated the said Acts, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of thirty (30) days, now in further conformity with the procedure prescribed in S 2.34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the rollo"Wing order:

ASSOCIATED BAG CO. ET AL. 451 448 Order 1. Respondent Associated Sales and Bag Company, trading as Associated Bag Company is a corporation organized, existing and doing business under and by virtue of the laws of the State of vYisconsin with its office and principal place of business located at 605 South First Street, Milwaukee, vViseonsin.

Respondent Philip Rubenstein is an officer 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 i1J ordered That respondents Associated Sales and Bag Company, a corporation, trading as Associated Bag Company, or under any other name, and its officers, and Philip Rubenstein, individually and as an officer or said corporation, and respondents' representative, agents and employes, directly or through any corporate or other device, in eonnection with the introduction, delivery for introduction, manufacture for introduction, sale, advertising, or offering for sale, in commerce, or the transportation or causing to be transported in commerce, or the importation into the United States of any textile fiber product; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, of any textile fiber product which has been advertised or offered for sale in commerce; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported in commerce, or any textile fiber product whether in its original state or contained in other te, tile fiber products, as the terms "comme.rce" and "textile fiber product" are defined in the Textile Fiber Products Identification Act, do forthwith cease and desist from misbranding textile ,fiber products by: 1. Falsely or deceptively stamping, tagging, labeling, invoicing, advertising, or otherwise identifying such products as to the name or amount or the eonstituent fibers contained therein. 2. Failing to affix a stamp, tag, label, or other means of identific3Jtion to each such product showing in a clear, legible and eonspieuous manner each element or information required to be disclosed by Section 4 (b) of the Textile Fiber Products Identification Aet.

It is further ordered That the respondents herein shall, within sixty (60) days after service upon them of this orde.r, file with the Commission a report in writing setting forth in detail the manner and form in which they have eomplied with this order. Complaint 73 F. T.