Export-Import Woolens Co

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

IN THE MATT, R OF EMANUELE VITALE, ET AL. T(A EXPORT-IMPORT WOOLENS CO.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND WOOL PRODUCTS LABELING ACTS Docket C-274.4. Complaint, Oct. 197.-Decision, Oct. , 1975 Consent order requiring a New York City importer and distributor of wool products among other things to cease falsely and deceptively labeling wool products as to wool content.

Appearances For the Commission: Jerr R. McDonald. For the respondents: Pro se.

COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939, and by virtue ofthe authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Emanuele Vitale and Samuel Vitale, individually and as co-partners trading and doing business as Export-Import Woolens Co. 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 interest hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondents Emanuele Vitale and Samuel Vitale are individuals and are co-partners trading and doing business as Export- Import Woolens Co., with their office and principal place of business located at 1290 A venue of the Americas, New York, N. Respondents are engaged in the importation, distribution and sale of wool products including but not limited to wool fabrics. PAR. 2. Respondents, now and for some time last past, have imported 962 Complaint for introduction into commerce, introduced into commerce, transported distributed, delivered for shipment, shipped, offered for sale, and sold in commerce, as "commerce" is defined 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)(I) 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 fabrics which were stamped, tagged, labeled, or otherwse identified by respondents as containing "65% polyester and 35% wool/' whereas, in truth and in fact, said wool products contained substantially different amounts of fibers than as 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 fabrics, which failed to have labels on or affixed thereto showing the percentage of the total fiber weight of the said wool products exclusive of ornamentation not exceeding 5 per centum of said total fiber weight of (1) wool; (2) reprocessed wool; (3) reused wool: (4) each fiber other than wool, when said percentage by weight of such fiber was 5 per centum or more; and (5) the aggregate of al1 other fibers. PAR. 5. Certain of said wool products were misbranded in violation of the Wool Products Labeling Act of 1939 in that they were not labeled in accordance with the rules and regulations promulgated thereunder in the following respect:

Samples, swatches or specimens of wool products used to promote or effect sales of such wool products in commerce, were not labeled or marked to show the information required under Section 4(a)(2) of the Wool Products Labeling Act of 1939 and the rules and regulations promulgated thereunder, in violation of Rule 22 of the aforesaid rules and regulations.

PAR. 6. 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. 964 EDERAb TRADE COMMISSION DECISIONS Decision and Order 86 F.T. DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices 'of the respondents named in tne 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 Wool Products Labeling 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 iji 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 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 sixty (60) days, now in further confonnity 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. Respondents Emanuele Vitale and Samuel Vitale are individuals and are eo-partners trading and doing business as Export-Import Woolens Co., with their principal office and place of business located at 1290 Avenue of the Americas, New York, N.

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 Emanuele Vitale and Samuel Vitale individually and as co-partners trading and doing business as Export- Import Woolens Co. or under any name or names, their successors and assigns, and respondents' representatives, agents and employees directly or through any corporation, subsidiary, division or other device, in connection with the importation for introduction or the introduction into commerce or the offering for sale, sale, transporta- 965 Decision and Order tion, distribution, delivery for shipment, or shipment, in commerce, of wool products, as "commerce" and "wool product" are defined in the Wool Products Labeling Act of 1939, do forthwith cease and desist from misbranding such products by:

1. Falsely or deceptively stamping, tagging, labeling or otherwse identifying; such products as to the. name or amount of the constituent fibers contained therein.

or place on, each such product a 2. Failing; to securely affix to, stamp, tag, label, or other means of identification showing in a clear legible and conspicuous manner each element of information required to be disclosed by Section 4(a)(2) of the Wool Products Labeling Act of 19:19.

3. Failing to securely affix labels to samples, swatches or specimens of wool fiber products, used to promote or effect the sale of such wool fiber products, showing; in words and figures plainly legible all the information required to be disclosed by Section 4(a)(2) of the Wool Products Labeling Act.

It is further ordered That the individual respondents named herein promptly notify the Commission of the discontinuance of their present business or employment and of their affilation with a new business or employment. Such notice shall include respondents' current business address, the nature of the business or employment in which they are engaged as well as a description of their duties and responsibilties. 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.