Duesberg-Bosson Woolen Spinning Company

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IN THE MATTER OF | DUESBERG-BOSSON WOOLEN SPINNING COMPANY, ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING - ACTS Docket C-1520. Complaint, Apr. 24, 1969—Decision, Apr. 24, 1969 Consent order requiring a Jefferson, Mass., manufacturer of wool and wool blend yarns to cease misbranding and falsely invoicing its wool products. COMPLAINT Pursuant to the provisions of the. Federal Trade Commission 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 Duesberg-Bosson Woolen Spinning Company, a corporation, and Kenneth Cytron, individually and as an officer of said corporation, 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:

DUESBERG-BOSSON WOOLEN SPINNING CO., ET AL. 721 720 Complaint PARAGRAPH 1. Respondent Duesberg-Bosson Woolen Spinning Company is a corporation organized, existing and doing business under and by virtue of the laws of the Commonwealth of Massachusetts. Its office and principal -place of business is located at North Main Street, Jefferson, Massachusetts. : Respondent Kenneth Cytron is an officer of said corporate respondent. He formulates, directs and controls the acts, practices and policies of said corporation. His address is the same as that of said corporation. : :

Respondents are manufacturers of wool and wool blend yarns. Par. 2. Respondents, now and for some time 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 said’ Act, wool products as “wool product” is’ defined therein. . me Par. 8. Certain of said wool products were misbranded by respondents within the intent and meaning of Section 4(a) (1) of the Wool Products 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 certain wool products which were stamped, tagged, labeled, or otherwise identified as containing “80% Wool, 15% Orlon Acrylic and 5% Mohair,” “85% Shetland Wool, 15% Mohair,” and “80% Alpaca, 20% Dacron” respectively; whereas in truth and in fact, said wool products contained substantially different amounts of woolen fibers than represented and also contained other fibers than represented. 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 which failed to disclose the percentage of the total fiber weight of the wool products, exclusive of ornamentation not exceeding 5 per centum of said total fiber weight, of (1) wool; (2) reprocessed wool; (3) reused wool; Decision and Order 75 F.T.C.

(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 Act of 1939 and the Rules and Regulations promulgated thereunder, and constituted, and now constitute, unfair and deceptive acts and practices and unfair methods of competition in commerce, within the intent and meaning of the Federal Trade Commission Act.

Par. 6. In the course. and conduct of their business, respondents now cause and for some time last past, have caused their products, when sold, to be shipped. from their place of business in the Commonwealth of Massachusetts to purchasers located in various other States of the United States and maintain, and at all times mentioned herein, have. maintained a substantial course of trade in said products in commerce, as “commerce” is defined in the Federal Trade Commission Act. _ Par. 7. Respondents in the course and conduct of.their business, as aforesaid, have made statements on invoices. and shipping memoranda to their customers misrepresenting the fiber content of their said products.

Among such products, but not limited thereto, were certain products which were invoiced as containing “85% Shetland Wool, 15% Mohair,” and “80% Alpaca, 20% Dacron” respectively ; whereas in truth and in fact, said products contained substantially different amounts of fibers than represented and also contained other fibers than represented.

Par. 8. The acts and practices set out in Paragraph Seven have had and now have the tendency and capacity to mislead and deceive the purchasers of said products as to the true content thereof and were and are all to the prejudice and injury of the public and constituted, and now constitute, unfair and deceptive 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 thereafter with a copy of a draft of complaint which the Bureau of Textiles and Furs proposed to present to the Commission for DUESBERG-BOSSON WOOLEN SPINNING CO., ET AL. 723 720 Decision and Order 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 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 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 § 2.34(b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Duesberg-Bosson Woolen Spinning Company is a corporation organized, existing and doing business under and by virtue of the laws of the Commonwealth of Massachusetts, with its office and principal place of business located at North Main Street, Jefferson, Massachusetts. Respondent Kenneth Cytron 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 ts ordered, That respondents Duesberg-Bosson Woolen Spinning Company, a corporation, and its officers, and Kenneth Cytron, individually and as an officer of said corporation, and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, or the 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 Sylabus 15 F.T.C.

Wool 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 affix to or place on, each such product a stamp, tag, label. or other means of identification correctly 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. It is further ordered, That respondents .Duesberg-Bosson Woolen Spinning Company, a corporation, and. its officers, and Kenneth Cytron, individually. and as an officer of said corporation, and respondents’ representatives, agents and employees, directly: or through any corporate or other device, in connection with the offering for sale, sale or distribution of. any. textile product in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting the character or amount of constituent fibers contained in such textile product on invoices or shipping memoranda applicable thereto or in any other manner. 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, setting forth in detail the manner and form in which they have complied with this order.