Sportsville Casvals, Inc.

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IN THE MATTER OF SPORTSVILLE CASVALS, INC., ET AL, CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION, THE TEXTILE FIBER PRODUCTS IDENTIFICATION AND THE WOOL PRODUCTS LABELING ACTS Docket C-1442. Complaint Vov. 1968-Decision, Nov. , 1968 Consent order requiring a Xew York City clothing manufacturer to cease misbranding the fiber content of its products, furnishing false guaranties and failing to maintain required records. COMPLAINT Pursuant to the provisions of the Federal Trade Commission SPORTSVILLE CASUALS , INC. , ET AL, 1141 1140 Complaint Act, Textile Fiber Products Identification Act and the Wool Products Labeling Act of 1939, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Sportsville Casuals, Inc., a corporation, and Bernard W. Slavis and Simon Shar, 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 Textile Fiber Products Identification Act and the Wool Products Labeling Act of 1939, 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 Sportsvile Casuals, Inc. , is a corporation organized and existing under and by virtue of the laws of the State of New York. The said corporation is currently inactive but has not been dissolved.

Respondents Bernard W. Slavis and Simon Shar are offcers of said corporate respondent. They formulate, direct and control the acts, practices and policies of said corporate respondent. Respondents were engaged in the manufacture and sale of textile fiber products, including ladies ' trousers, with their offce and principal place of business located previously at 225 West 37th Street, New York, i\ew York. The present address of Bernard W. Slavis is 804 Gehrig Avenue, Franklin Square, New York, and the present address of Simon Shar is 39 Edgemere Road, Livingston, New Jersey.

PAR. 2. Respondents for some time last past were 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 had 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, textie 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. 3. Certain of said textile fiber products were misbranded by respondents within the intent and meaning of Section 4 (a) of the Textile Fiber Products Identification Act and the Rules and Complaint 74 F.

Regulations promulgated thereunder in that they were falsely and deceptively stamped, tagged, labeled, invoiced, advertised, or otherwise identified as to the names and amounts of the constituent fibers contained therein.

Among such misbranded textile fiber products, but not limited thereto, were ladies' trousers labeled as " 60% Rayon, 407, Nylon whereas, in truth and in fact, such products contained substantaJIy different amounts of fibers other than as represented. PAR. 4. Certain of the textile fiber products were misbranded by respondents in that they were not stamped, tagged, labeled or otherwise identified to show each element of information required to be disclosed by Section 4 (b) of the Textile Fiber Products Identification Act, and in the manner and form prescribed by the Rules and Regulations promulgated under said Act. Among such misbranded textile fiher products, but not limited thereto, were ladies' trousers.

PAR. 5. Certain of said textile fiber products were further misbranded in 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, swatches and specimens of textile fiber products subject to the aforesaid Act, which were used to promote or effect sales of such textie fiber products, were not labeled to show their respective fiber content and other information required by Section 4 (b) of the Textile Fiber Products Identification Act and the Rules and Regulations promulgated thereunder, in violation of Rule 21 (a) of the aforesaid Rules and Regulations.

PAR. 6. Respondents have failed to maintain proper records showing the fiber content of the textile fiber products manufactured by them, in violation of Section 6 of the Textile Fiber Products Identification Act and Rule 39 of the Regulations promulgated thereunder.

PAR. 7. Respondents have furnished false guaranties that their textie fiber products were not misbranded in violation of Section 10 (b) of the Textile Fiber Products Identification Act. PAR. 8. The acts and practices of respondents, as set forth above in Paragraphs Three through Seven were, and are in violation of the Textie Fiber Products Identification Act 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, under the Federal Trade Commission Act.

PAR. 9. Respondents furnished false guaranties under Section SPORTSVILLE CASUALS, INC. , ET AL. 1143 1140 Decision and Order 9 (b) of the Wool Products Labeling Act of 1939 with respect to certain of their wool products by falsely representing in writing that respondents had a continuing guaranty on file with the Federal Trade Commission when respondents in furnishing such guaranties had reason to believe that the wool products so falsely guarantied would be introduced, sold, transported and distributed in commerce, in violation of Rule 33 (d) of the Rules and Regulations under the Wool Products Labeling Act of 1939 and Section 9 (b) of said Act.

PAR. 10. The acts and practices of the respondents as set forth above in Paragraph Nine 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 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 for its consideration and which, if issued by the Commission, would charge respondents with violation of the Federal Trade Commission Act, the Textile Fiber Products Identification 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 agreement is for settement 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 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 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 34 (b) of its Rules, the Commission hereby issues its complaint, makes the Decision and Order 74 F.

following jurisdictional findings, and enters the following order: 1. Respondent Sportsvile Casuals, Inc. , is a corporation organized and existing under and by virtue of the laws of the State of New York, with its offce and principal place of business located previously at 225 West 37th Street, New York, New York. Respondent Bernard W. Slavis is an offcer of said corporation and his present address is 804 Gehrig Avenue, Franklin Square New York.

Respondent Simon Shar is an offcer of said corporation and his present address is 39 Edgemere Road, Livingston, 2'ew Jersey. 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 orde,' That respondents Sportsville Casuals, Inc. , a corporation, and its offcers, and Bernard W. Slavis and Simon Shar 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 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 textie fiber product; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, of any textile fiber products 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, after shipment .in commerce, of any textie fiber product, whether in , asits original state or contained in other textie fiber products the terms "commerce" and "textile fiber product" are defined in the Textile Fiber Products Identification Act, do forthwith cease and desist from:

A. 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 of constituent fibers contained therein.

2. Failng to affx a stamp, tag, label or other means of identification to each such product showing in a clear legible and conspicuous manner each element of infor- SPORTSVILLE CASUALS, INC. , ET AL. 1145 1140 Order mation required to be disclosed by Section 4 (b) of the Textile Fiber Products Identification Act. 3. Failing to affx labels to samples, swatches or specimens of textie fiber products used to promote or effect the sale of such textile fiber products showing in words and figures plainly legible all the information required to be disclosed by Section 4(b) of the Textie Fiber Products Identification Act.

B. Failing to maintain and preserve proper records showing the fiber content of the textie fiber products manufactured by said respondents, as required by Section 6 of the Textile Fiber Products Identification Act and Rule 39 of the Regulations promulgated thereunder.

It is further ordered That respondents Sportsvile Casuals, Inc. a corporation, and its offcers, and Bernard W. Salvis and Simon Shar, individually and as offcers of said corporation, and respondents' 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 fiber product is not misbranded or falsely invoiced under the provisions of the Textie Fiber Products Identification Act.

It is fUTthe1- 01'dered That respondents Sportsvi1e Casuals, Inc. a corporation, and its offcers, and Bernard W. Slavis and Simon Shar, individually and as offcers of said corporation, and respondents ' representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from furnishing a false guaranty that any wool product is not misbranded, when the respondents have reason to believe that such wool product may be introduced, sold, transported or distributed in commerce, It iB fUTthwr OJ'dered That the respondent corporation shall forthwith distribute a copy of this order to each of its operating divisions.

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. R. & R. BERGER FURS , INC. , ET AL. 113 113 Complaint It is further ordered That respondents Turan Furs, Inc. , a corporation, and its offcers, and Sam Turan and Leonard Goldstein, individually and as offcers of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from furnishing a false guaranty that any fur product is not misbranded, falsely invoiced or falsely advertised when the respondents have reason to believe that such fur product may be introduced, sold, transported, or distributed in commerce. It is further ordered That the respondent corporation shall forthwith distribute a copy of this Order to each of its operating divisions.

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 settng forth in detail the manner and form in which they have complied with this order.