Marvel Quilting Company, Inc

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

IN THE MATTER OF MARVEL QUILTING COMPANY, INC., ET AL.

CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACTS Docket C-1599. Complaint, Oct. 30, 1969-Decision, Oct. 30, 1969 Consent order requiring a Brooklyn, N. , manufacturer of quilting and other textile articles to cease misbranding and falsely invoicing and advertising its textile fiber products.

COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Identification Act and by vir. tue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Marvel Quiling Company, Inc., a corporation, and Jack Goldfarb and Martin O1tsik individually and as offcers of said corporation, and as copartners trading as Marvel Quilting Company, 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 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 Marvel Quilting Company, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York with its offce and principal place of business located at 3621 Thirteenth A venue Brooklyn, New York. Said corporation also maintains a place of business located at 1001 Industrial Park, Piedmont, Alabama. Individual respondents Jack Goldfarb and Martin Oltsik are officers of said corporate respondent. They are also copartners trading as Marvel Quiling Company. They formulate, direct and control the acts, practices and policies of said corporation and of said partnership. Their address and the address of the partnership and the principal place of business of each is the same as that of said corporation Respondents are manufacturers of textile fiber products. Complaint 76 F.

PAR. 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, delivered, transported and caused to be transported, textile fiber products, which have been advertised 01' offered for sale in commerce; and have sold, offered for sale, advertised, deli. ered 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. 3. Certain of said textile fiber products were misbranded by respondents within the intent and meaning of Section 4 (a) of thc Textile Fiber Products Identification Act and the Rules and Regulations promulgated thereunder in that they were falsely and deceptively stamped, tagged, labcled, invoiced, advertised, or otherwise identified as to the name or amount of the constituent fibers contained therein.

Among such misbranded textie fiber products, but not limited thereto, were textile fiber products, namely quilted materials with labels on or affxed thereto which set forth the fiber content as "50% acrylic, 50% undetermined fabric " whereas, in truth and in fact, said products contained different fibers and amounts of fibers than represented.

PAR. 4. Certain of the textie 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 fiber products, but not limited thereto, were quilted materials with labels which failed: (1) To disclose the true percentage of the fibers present by weight; and (2) To disclose the true generic names of the fibers present. PAR 5. The acts and practices of respondents, as set forth above were, and are, in violation of the Textile Fiber Products Identification Act and the Rules and Regulations promulgated MARVEL QUILTING CO. , INC. , ET AL. 475 473 Complaint thereunder, and constituted, and now constitute, unfair methods of competition and unfair and deceptive acts or practices, in commerce, under 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 and the Textile Fiber Products Identification 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, 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 34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: J. Proposed respondent Marvel Quiling Company, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its offce and principal place of business located at 3621 Thirteenth Avenue Brooklyn, New York. Said corporation also maintains a place of business which is located at 1001 Industrial Park, Piedmont, Alabama.

Proposed respondents Jack Goldfarb and Martin 01tsik are officers of proposed corporate respondent. They are also copartners trading as :VIarvel Quilting Company. They formulate, direct and Decision and Order 76 F.

control the acts, practices and policies of said corporation and of said partnership. Their address and the address of the partnership 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 is ordered That respondents Marvel Quilting Company, Inc., a corporation, and its offcers, and Jack Goldfarb and Martin Oltsik, individually and as offcers of said corporation, and as copartners, trading as Marvel Quilting Company, 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 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, after shipment in commerce, of any textile fiber product, whether in its 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, do forthwith cease and desist from misbranding textile fiber products by:

1. Falsely or deceptively stamping, tagging, labeling, invoicing, advertising or otherwise identifying any textile fiber product as to the name or amount of constituent fibers contained therein.

2. Failing to affx labels to each such product showing in a clear, legible and conspicuous manner each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act.

It is further ordered. That the respondent corporation shall forthwith distribute a copy of this order to each of its operating divisions.

MARVEL QUILTING CO., INC.,- ET AL. 477 473 Decision and Order 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.