Madison Mills, Inc

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IN THE MA 'ITER OF MADISON MILLS, INCORPORATED MODIFIED ORDER TO CEASE AND DESIST 1 Docket 1776. January 31, 1993 This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the answer of the respondent, testimony and evidence, and the Commission having made its findings as to the facts and its conclusion that the respondent has violated the provisions of section 5 of an act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes", and the Commission having heretofore, to wit, on December 14, 1931, entered and served its order upon respondent requiring it to cease and desist from certain practices; and it appearing to the Commission upon reconsideration of the matter that paragraph 3 of the said order should be rescinded, It is now ordered, That paragraph 3 of the cease and desist order heretofore issued in this proceeding on the 14th of December, 1931, be and the same is hereby rescinded.

1 The complaint, findings, and original order In this matter, relating to respondent's practices ot shipping shirts di.trerent In designs, patterns, etc., from those ordered, c.o.d. without prlvllege of inspection, and without giving customer notice of exhaustion of stock of particular garment ordered and opportunity for further selection: of falsely and misleadingly representing that dissatisfied customer's money would be returned "at once, without question"; and of making unwarranted and misleading use of such words as ":Mills", "Shirt Manufacturers", etc., are reported In Hi F.T.C. 375 et seq. The original order (omitting the usual formal demand for report of compliance within a specified period) required respondent, Its agents and employees, in connection with the advertisements, sale or distribution by It in interstate commerce ot shirts, to cease and desist as follows :

(1) Where shlpW'ents are made to customers c.o.d. without privilege of inspection, from representing, directly or Indirectly, to purchasers or prospective purchasers that it will ship shirts of the designs, patterns, or styles selected and ordered by the said purchasers, unless and until It refrains from substituting shirts of designs, patterns or styles of Its own selection dllferent from those by the said purchasers so selected and ordered. (2) From representing, directly or lndlrectly, to prospective purchasers that if the said purchasers are dissatisfied, the purchase price will be refunded at once without question, unless and until it actually does make prompt refunds whenever a shirt Ia returned by a dissatisfied customer.

(3) From directly or Indirectly representing, through the use of such phrases as "1\Iadlson made shirts", " Mills", "shirt manufacturers", "factory to wearer price", that it Is the manufacturer of products sold and distributed by It until such time as said respondent does actually own, operate, or control a manufactory wherein are fnbrl· cated or made the shirts which It so sells and distributes. Complaint 17F.T.C.