A.B.C. FABRICS, INC., trading as MAE FABRICS

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In tre Marrer or A.B.C. FABRICS, INC., rraptne as MAE FABRICS, ET AL. CONSENT ORDER, ETC., IN REGARD TO 'THTE ALLEGED VIOLATION OF THE FEDERAL. TRADE COMMISSION AND TIE TENTILE FIBER PRODUCTS IDENTIFICATION ACTS Docket C-1806. Complaint, Sept. 30, 1970—Decision, Sept. 30, 1970 Consent order requiring Tampa, Fla., wholesalers and retailers of textile fiber products to cease misbranding their products and failing to keep required records.

Complaint Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Identification Act, and by virtue of 1310. . Complaint :

the authority vested -in it by said ‘Acts, the Federal Trade Commission, having reason to believe.that’ A.B.C. Fabrics, Inc., a corporation, trading as Mae Fabrics, and Irving Cohen, individually and as an officer of said corporation, hereinafter referred’ to as respondents, have violated the provisions of said Acts.and the Rules and Regtilations 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: ot ' Paracrapn 1. Respondent A.B.C. Fabrics, Inc., is a corporation organized, existing and doing ‘business ‘under and by virtue of the laws of the State of: Florida. The respondent corporation maintains its home office at 1008 Franklin Street, Tampa, Florida, and operates four additional stores in St. Petersburg, Sarasota, Winter Haven and Daytona Beach, Florida. The corporation trades as Mae Fabrics. Respondent Irving Cohen is. an officer of said corporation. He formulates, directs and controls the policies, acts and practices of the corporate respondent including those hereinafter referred to. The address of Irving Cohen is the same as that of the corporate respondent. Respondents are engaged in business both as wholesalers and retailers of textile fiber products, namely fabrics. Par, 2. Respondents are now and for some time Jast past have been engaged in the introduction, delivery for introduction, sale, advertising, and offering for sale, in commerce, and in the transportation or causing to be transported in commerce, and 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 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 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 Regulations promulgated thereunder, in that they were falsely and deceptively stamped, tagged, labeled, invoiced, advertised or otherwise identified as to the name or amount of the constituent fibers contained therein.

Among such misbranded textile fiber products, but not limited Complaint . V7 F.T.C.

thereto, were textile fiber products, namely fabrics, which contained substantially different amounts and types of fibers than as represented.

Par. 4. Certain of said textile fiber products were misbranded by respondents in that they were not stamped, tagged, labeled, or otherwise identified as required under the provisions of Section 4(b) of the Textile Fiber Products Identification Act, and in the manner and form as prescribed by the Rules and Regulations promulgated under said Act.

Among such misbranded textile fiber products, but not limited thereto, were textile fiber products with labels which failed: 1. To disclose the true generic names of the fibers present. 2. To disclose the percentages of such fibers by weight. 3. To disclose the name, or other identification issued and registered by the Commission, of the manufacturer of the products or one or more persons subject to Section 3 with respect to such products. .

Par. 5. Certain of said textile fiber products were 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 inasmuch as samples, swatches or specimens of textile fiber products subject to the aforesaid Act, which were used to promote or effect sales of such textile 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 and preserve proper records showing the fiber content of their textile fiber products, in that said respondents substituted stamps, tags, labels, or other identification pursuant to Section 5(b) of the Textile Fiber Products Identification Act and failed to maintain and preserve such records as would show the information set forth on the stamps, tags, labels or other identification removed by them, together with the name or names of the person or persons from whom such textile fiber products were received, in violation of Section 6(b) of the Textile Fiber Products Identification Act.

Par. 7. 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 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.

eset teeter nee sae Aviv 1310 Decision and Order 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 (80) 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 A.B.C. Fabrics, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of Florida. The respondent corporation maintains its home office at 1008 Franklin Street, Tampa, Florida, and operates four additional stores in St. Petersburg, Sarasota, Winter Haven, and Daytona Beach, Florida. The corporation trades as Mae Fabrics. Respondent Irving Cohen is an officer of said corporation. He formulates, directs and controls the policies, acts and practices of | the corporate respondent including those hereinafter referred to. The address of Irving Cohen is the same as that of the corporate respondent.

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 Tt is ordered, That respondents A.B.C. Fabrics, Inc., a corporation, trading as Mae Fabrics, or under any other name or names, and its 1314 FEDERAL .TRADE COMMISSION DECISIONS Decision and Order. 17 BTC.

officers, and Irving Cohen, 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, delivery 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 textile 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, of- -fering 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: — A. Misbranding such 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 the constitutent fibers contained therein.

2. Failing to affix a stamp, tag, label, or other means of identification to each such textile fiber 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. 3. Failing to affix labels to samples, swatches or specimens of textile 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 Textile Fiber Products Identification Act.

B. Failing to maintain and preserve, as required by Section 6(b) of the Textile Fiber Products Identification Act, such records of the fiber content of textile fiber products as will show the information set forth on the stamps, tags, labels, or other identification removed by respondents, together with the name or names of the person or persons from whom such textile fiber products were received, when substituting stamps, tags, labels or other identification pursuant to Section 5(b) of the Textile Fiber Products Identification Act.

It is further ordered, That respondents notify the Commission at MAt FABKIUS, KL ALL Lusou 1310 Decision and Order least 80 days prior to any change in the corporate respondent such as dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations arising out of the order. .

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 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.