Marsi Dress Corp.

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y..which they have complied with this order. Ix THE ~IATTER OF l\IARSI DRESS CORP. ET AL.

CONSENT ORDER, ETC., IN REGARD 'TO THE ALLEGED VIOLATION OF THE FED- ERAL TRADE COl\Ll\IISSION AND THE TEXTILE FIBER PRODUCTS IDEXTIFICA- TION ACTS Docket 1345, Complaint, Jwte 4, 19G8-Decision, JWle ;" 1968 Consent order requiring a New York City manufacturer of women s clothing to cease misbranding its textile fiber products and failing to maintain required records.

CO:MPLAI~T Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Identification Act and by virtue of the authority vested in it by said Acts, the Federfll Trade Commission having reason to believe that ~larsi Dress Corp., a corporation, and individually and as officersJoseph Silverstein and l\lartin Friedland, of said corporation, and ,Yilliam Underwood, individually and as part referred to as respondentsowner or said corporation, hereinafter ..:

1004 FEDERAL TRADE CO:.\IMISSIO::\ DECISIONS ,Complaint 73 :IT, T, have violated the provisions of said Acts and the Rules and Regulations promulgated under the Textile Fiber Products Identification A.. , and it appearing to the Commission that a proceeding by it in respect the-reof ,,"ould be in the public interest, here,by issues its eO111pla-int stating its charges in that respect as follow"S P..\.RAGR.\.PH 1. Respondent ~Iarsi Dress Corp. is a corporation organized, existing' and doing business under and by virtue of the la',s of the State of X ew York. Its office and principal place of business is located at 1385 Broadway, in the city of Ne,\ York, State of New York Respondents .J oseph silverstein ancll\Iartin Friedland are officers of said corporate respondent. They, together ,with respondent 1Villiam FndenyoocL fornmla.te, direct and control the. acts, practices and policies of said corporation. Their address is the same as that or said corporation.

Respondent. 1Villiam Underwood is part. OIYllC'l' of said corporate respondent and participates in the formulation direction and control of the acts, practices and policies of said corporation. His address is the, same as that of the said corporation.

Respondents are manufacturers of textile fiber products. \.H. 2. Respondents are 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, delive-recl, transported and caused to be transported, textile, fiber products, which han' been ach-ertised 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 Act.

PAR. :1. Certain of the textile' fiber products ,were misbranded by respondents in that they ,were not stampec1~ tagged, labeled, or otherwise. identified to show each element of information required to disclosed by Section .:1: (b) of the Textile, Fiber Products Identification \.ct, and in the, manner and form prescribed by the Rules and Re,gulations promulgated under said Ad.

\..among such misbranded textile fiber products, but not limited thereto. ,were dresses ,which did not have on or affixed thereto any label setting forth any of the information required to be disc.closed. l\IARSI DRESS CORP. ET AL. 1005 1003 Decision and Order PAR. 4. Certain of s(lid textile fiber products were. misbranded violation of the Textile Fiber Products Identification Act in that they were not labeled in accordance with the Rules and Regulations promulgated thereunder in that samples, s\,atches or specimens of textile, fiber products subject to the aforesaid Act, which \,ere used to promote or effect sales of such textile fiber products, were not labeled to sho\\" their respective fiber content and other information required by Seet.ion 4('1) of the Textile Fiber Products Identification Act and the ules add Regulations promulgated thereunder, in ,-violation of Rule 21 (a) of the aforesaid Rules and Regulations. m. 5. Respondents have, faded to maintain proper records shm\ing the fiber content of the textile fiber products manufactured 'by them, in violation of Section 6( a) of the Textile Fiber Products Idelltification Act and Rule 39 of the Regulations promulgated thereunder. -'\.R. 6. The acts and practices of respondents, as set forth abm- WE're, and are, in violation of the Textile Fiber Products Identification Act and the Rules and Regulations promulgated thereunder, and constituted, and 110\\" constitute, unfair methods of competition and unfair and deceptive acts or practices, in commerce, under the Federal Trade Commission Act.

DECISIO~ 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 a copy of a draft of complaint which the Bureau or Textiles and Furs proposed to prese.nt to the Commission for its consideration and which if issued by the Commission, \yould charge respondents with violation of the. Federal Trade Commission Act and the Textile Fiber Products Indentificatioll Act: 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, 11 statement that the signing of said agreement is for settlement purposes only and does not constitute an admission b~- respondents that the. la \y has been violated as alleged in such coml)laint, and \vaivers and other provisions as required by the Commission s 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 Decision and Orclt'l' 73 F. T. 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 8 2. 34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings~ and enters the following order:

1. Respondent :J\Iarsi Dress Corp. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business located at. 138;5 Broad way, in the city of New York, State of New York. Respondents Joseph Silverstein and ~lartin Friedland are oftlcer~ of said corporation and their address is the same as that of said corporation.

Respondent ,Villiam Underwood is part owner 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 I t is ordel'ecl That responde.nts ~larsi Dress Corp., a corporation and its officers, a.nd Joseph Sil verste.in and :J\fartin Fried) and, inchviclually and as officers of said corporation, and 'Yilliam Unclenyood individually and as part o"\yner of said corporation, and respondents representatives, age.nts, and employees, directly or through any corporate or other device, in connection with the introduction, delivery for introduction, manufacture for introduction~ sale, advertising, or ofi' ering 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; orin 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 can sing to be transported, after shipment in commerce of any textile fiber product whether in its original state or eontainecl in other textile fiber products, as the terms ';commerce " and ';textile fiber product" are defined in the Textile Fiber Products Identification Act, do fortlnvith cease and desist from:

A. 1\Iisbranding textile fiber products by:

1. Failing to affix labels to textile fiber products showing each element of information required to be disclosed by Section 4 (b) of the Textile Fiber Products Identification Act. ALL STATES SE'VING CENTER ET AL. 1007 1003 Complaint 2. Failing to affix labels to samples, s,\'atches or specimens of textile fiber products used to promote or effect the sale of such textile fiber products showing in words and figures to be disclosed plainly legible all the information required by Section 4: (b) of the Textile Fiber Products Identification Act.

B. Failing to maintain and preserve for at least three years proper records showing the fiber content of textile fiber products manufactured by them, as required by Section 6 (a) of the Textile Fiber Products Identification Act and Rule 39 of the Regulations promulgated thereunder.

1 t is fu7'the7' 07yleJ'ed, That the respondent corporation shall forthto each of its operating divisions.with distribute a copy of this Order 1 t is furthe7' 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.