Kantor Bros Neckwear Co., Inc

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In Tue Marrer or KANTOR BROS. NECKWEAR CO., 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-2236. Complaint, June 19, 1972—Decision, June 19, 1972 Consent order requiring a Brooklyn, New York. manufacturer of men’s neckties to cease misbranding textile fiber products, furnishing false guaranties, and failing to maintain required records.

KANTOR BROS. NECKWEAR CO., INC., ET AL. 967 966 Complaint Complaint Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Identification Act and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Kantor Bros. Neckwear Co. Inc., a corporation, and Cyril Kantor, individually and as an officer of said corporation, hereinafter referred to as respondents, have violated the provisions of the said Acts and 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:

Paracrapy 1. Respondent Kantor Bros. Neckwear Co., Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York with its office and principal place of business located at 2425 Pacific Street, Brooklyn, New York.

Respondent Cyril] Kantor is an officer of said corporation. His address is the same as that of the corporate respondent. Respondents are engaged in the manufacture of men’s neckties. 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 hare 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 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 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 thereto, were textile fiber products, namely neckties, which were 487-§888—T3 968 ' FEDERAL TRADE COMMISSION : DECISIONS. Decision and Order 80 E.T.C.

labeled as 65 percent Rayon-85 percent Silk but which contained 100 percent Acetate.

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 prescribed by the rules and regulations promulgated under said Act. , Among such misbranded textile fiber products but not limited thereto, were textile fiber products, namely neckties with labels which failed: - 1. To disclose the true generic names of the fibers present; and 2. To disclose the percentage of said fibers. 3. To show the name or other identification issued and registered by fo) the Commission, of one or more persons subject to Section 8 with respect to such product.

Par. 5. Respondents have furnished false guaranties that certain of their textile fiber products were not misbranded or falsely invoiced in violation of Section 10 of the Textile Fiber Products Identification Act.

Par. 6. Respondents have failed to maintain proper records showing the fiber content of textile fiber products manufactured by them in violation of Section 6(a) of the Textile Fiber Products Identification Act and Rule 39 of the regulations promulgated thereunder. Par. 7. The acts and practices of respondents as set forth above were, and are, in violation of the Textile Fiber Products Identifieation Act 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. 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 New York Regional Office 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 Respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by KANTOR BROS: NECKWEAR CO., INC, ET AL. 969 966 Decision ‘and Order 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 Section 2.34(b) of its rules, the Commission hereby issues its complaint, makes the: following jurisdictional findings, and enters the following order:

1. Respondent Kantor Bros. Neckwear Co., Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its offices and principal place of business located at 2425 Pacific Street, Brooklyn, New York in Kings County, State of New York.

Respondent Cyril Kantor is the president of said corporation. He formulates, directs and controls the acts, practices and policies of said corporation and their principal office and place of business is located at the above stated address.

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 Kantor Bros. Neckwear Co., Inc.. a corporation, its successors and assigns, and its officers, and Cyril Kantor, individually and as an officer of said corporation, and respondents’ representatives, agents and employees, directly or through any corporation, subsidiary, division 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 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, offering for sale, advertising, delivery, transportation, or causing to be transported, after shipment in commerce, of any Decision and Order 80 F.T.C.

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 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 constituent fibers contained therein.

2. Failing to affix labels to such textile fiber products 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. B. Furnishing false guaranties that. textile fiber products are not misbranded or falsely invoiced under the provisions of the Textile Fiber Products Identification Act. C. Failing to maintain records of fiber content of textile fiber products manufactured by them as required by Section 6(a) of the Textile Fiber Products Identification Act and Rule 39 of the regulations thereunder.

It is further ordered, That respondents 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 the order to cease and desist contained herein.

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