Kaye Brothers

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IN THE MATTER OF KA YE BROTHERS, ET AI.

CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATIOJ\ OF THE FEDERAL TRADE COMMISSIO AND THE WOOL PRODUCTS LABELING ACTS Docket C-1640. Complaint, Nov. 1.9GB-Decision, Nov. 1969 Consent order requiring a Chicago, Il1., manufacturer of men s and boys sport jackets to cease misbranding its wool products. COMPI,AINT 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, baving reason to believe that Kaye Brothers, a partnership, and Ben Kaye and Edward Kaye, individually and as copartners trading as Kaye Brotbers, 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 inter- 712 FEDERAL TRADE COIVIVISSION DECISIONS Complaint 76 F.

est, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondent Kaye Brothers is a partnership with its offce and principal place of business located at 1750 Korth Wolcott, Chicago, Ilinois.

Individual respondents Ben Kaye and Edward Kaye are copartners trading as Kaye Brothers. They formulate, direct and control the policies, acts and practices of said respondent partnership and their address is the same as that of said partnership. Respondents are manufacturers of men s and boys' sport jackets.

PAR. 2. Respondents, now and for some time last past, have introduced into commerce, manufactured for introduction into commerce, sold, transported, distributed, delivered for shipment is de-shipped, and offered for sale, in commerce, as Hcommerce" fined in the Wool Products Labeling Act of 1939, wool products as "wool product" is defined therein.

PAR. 3. Certain of said wool products were misbranded by the 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 men s and boys' sport jackets, stamped, tagged, labeted, or otherwise identified as containing a shell fiber content of 100% reprocessed wool, a lining fiber content of all rayon and a knit content of 5D % cotton 500/0 wool, whereas in truth and in fact such jackets contained substantially different fibers and amounts of 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 wool products with labels on or afxed thereto which failed to disclose the percentage of total fiber weight of the wool product, exclusive of ornamentation not exceeding five per centum of said total fiber weight, of (1) wool; (2) reprocessed wool; (3) KAYE BROTHERS, ET AL. 713 711 Complaint reused wool; (4) each fiber other than wool when said percentage by weight of such fiber was five per centum or more; and (5) the aggregate of al1 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 methods of competition and 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 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 34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1. Respondent Kaye Brothers is a partnership with its offce and principal place of business located at 1750 Nortb Wolcott Chicago, Ilinois.

714 FEDERAL TRADE COIVIVISSION DECISIONS Decision and Order 76 F.

Respondents Ben Kaye and Edward Kaye are copartners trading as Kaye Brotbers. They formulate, direct and control the policies, acts and practices of the said respondent partnership and their address is the same as that of said partnership. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding an of the respondents, and the proceeding is in the public interest.

ORDER It is ordered That respondents Kaye Brotbers, partnership, and Ben Kaye and Edward Kaye, individually and as c01Jartners trading as Kaye Brothers, or under any other name or names and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the , orintroduction or manufacture for introduction, into commerce the offering for sale, sale, transportation, distribution, delivery for shipment or shipment, in commerce, of \vool products, as commerce " and dwool product" are defined in the \V 001 Products Labeling Act of 1939 , do forthwitb cease and desist from misbranding such products by:

1. Falsely and 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 affx to or place on, each such product a stamp, tag, label or other means of identification sho\ving 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 i8 fu"ther ordered That the respondents herein shan, 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. S. SCHNEIDERMAN & SONS, INC. , ET AL. 715 715 Complaint