Miro, Inc

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IK THE MATTER OF MIRO I!\C. , ET AL.

CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATIOK OF THE FEDERAL TRADE COMMISSION AND THE TEXTILE FIBER PRODGCTS IDENTIFICATIOK ACTS Docket C-:2.407. Camp/aillt, il1nij f9?3 Decisf(m Maj 197.9. Consent order requiring several Jersey City, New Jersey, manufacturers and sellers of women s and misses ' wearing apparel, among other things to cease misbranding its textile fiber products. 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 Mira Inc. Herald Modes Inc. , Empire Fashions Inc. , Rain- Ette Fashions Inc. , and Suz-Ette Fashions Inc. , corporations, and Robert Mincow, individually and as an officer of said corporations, hereinafter referred to as respondents, have violated the provisions of said Acts and the rules and regulations promulgated under the Tcxtilc Fiber Products Identification Act, and it nmN 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. Eespondents Miro Inc. , Suz- Ette Fashions Inc. , and Herald Modes Inc. , are corporations organized, existing and doing business under and by virtue of the laws of the State of !\ ew York. Respondents Empire Fashions Inc., and Rain-Ette Fashions Inc. , are corporations organized, existing and doing business under and by virtue of the laws of the State of New Jersey. Their office and principal place of business is located at Burma Road and Wolf Drive, Liberty Industrial Park, Jersey City, !\ ew Jersey.

Eespondent, Robert Mincow, is an officer of said corporations. He formulates, directs and controls the policies, acts and practices of the said corporate respondents including those hereinafter referred to. His address is the same as that of the corporate respondent.

Respondents are engaged in the manufacture and sale of women s and misses ' wearing apparel, including, but not lin1ited to coats.

1490 FEDERAL TRADE COMMISSIO'- DECISIO'-S Complaint 82 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, 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 delivered, transported and caused to be transported, textile fiber products, which have been offered for sale in commerce; and have sold, offered for sale, 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 products " are defined in the Textile Fiber Products Identification Act.

PAR. 3. Certain of said textile fiber products were misbranded by the 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, 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 (women s coats) with labels which set forth the fiber content as " 75% Acrylic, 20% cotton, 5% linen " whereas, in truth and in fact, the said textile fiber products contained substantially different fibers and amounts of fibers than represented.

PAR. 4. 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. DECISION A!\D 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 K ew York Regional Office proposed to present to the Commission for its consideration and which, if issued by the MIRO INC. , ET AL. 1491 1489 Decision and Ordcr Commission, would charge respondents with violation of the Federal Trade Commission Act and the Textile Fiber Products Identification Act, as amended; and Respondents and counsel for the Commission having thereafter executed an agreement containing a consent order an admission by 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 procedures 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. Respondents Miro Inc. , Suz-Ette Fashions Inc. , and Herald Modes Inc. , are corporations organized, existing and doing business under and by virtue of the laws of the State of New York, with their office and principal place of business located at Burma Road and Wolf Drive, Liberty Industrial Park, Jersey City, New Jersey.

Respondents Empire Fashions Inc. , and Rain-Ette Fashions Inc. , are corporations organized, existing and doing business under and by virtue of the Jaws of the State of New Jersey, with their office and principal place of business located at Burma Road and Wolf Drive, Liberty Industrial Park, Jersey City, Jersey.

Respondent Robert Mincow is the president of said corporate respondents. He formulates, directs and controls the acts practices and policies of said corporate respondents. Robert Mincow s office and principal place of business is located at Burma Road and Wolf Drive, Liberty Industrial Park, Jersey City, New Jersey.

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.

1492 FEDERAL TRADE CO:VDIISSION DECISIONS Decision and Order 82 F. ORDER It is ordered That respondents Miro Inc., Herald Modes Inc. Empire Fashions Inc. , Rain-Ette Fashions Inc., and Suz-Ette Fashions Inc., corporations, their successors and assigns, and their officers, and Robert Mincow, individually and as an officer of said corporations, and respondents' agents, representatives and employees directly or through any corporation, subsidiary, division, or any 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 L'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 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, as forthwith cease and desist from: A. :visbranding textile fiber products by: 1. Falsely or deceptively stamping, tagging, labeling, invoicing, advertising or otherwise identifying such products as to the name or anlount of the constituent fibers contained therein.

It isfwrther ordered That respondents notify the Commission at least thirty (30) days prior to any proposed change in the corporate respondents, 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 corporations which may affect compliance obligations arising out of this order.

It is further ordered That the individual respondent named herein promptly notify the Commission of the discontinuance of his present business or employment and of his affiliation with a new business or employment. Such notice shall include respondent' s current business address and a statement as to the nature of the business or employment in which he is engaged as well as a description of his duties and responsibilities. MIRO I:'C. , ET AL. 1493 1489 Decision and Order It is further ordered That the respondent corporations shall forthwith distribute a copy of this order to each of their 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.