Schachnow, Jacob
Volume 33 · 33 F.T.C. 545
product labelingdeceptive advertising
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Schachnow, Jacob, 33 F.T.C. 545 (1941). Consumer Law Library, https://consumerlawlibrary.org/decisions/v033-0050
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Cited by 0 later FTC decisions
Cites
- 31 F.T.C. 1256 — IDEAL CANDY NOVELTIES COMPANY, INC., AND ABRA- HAM ARONOFF AND ROSE ARONOFF, INDIVIDUALLY AND AS OFFICERS THEREOF cited_neutral
- 32 F.T.C. 1875 unresolved_page_range
Text (OCR of the scan at left; may contain errors)
IN THE Matrer OF JACOB SCHACHNOW, TRADING AS MODERN HAT WORKS MODIFIED CEASE AND DESIST ORDER Docket ~o ..p. Order, July S, 1941 Modified order, pursuant to provisions of Section 5 (1) of Federal Trade Commission Act, In proceeding in question, In which (1) Commission, on November 2, 1940, 31 F. T. C. 1256, made its findings and conclusion and issued cease and desist order, and (2) Circuit Court of Appeals for the Third Circuit, on April 2, 1941, in Ja.cob SchachnQw, trading as Jfodern Hat Works v. Federal Trade Commission, 32 F. T. C. 1875, not reported ln Federal Reporter, issued its decree modifying said order and directing Commission to modify the same ln accordance therewith- Requiring respondent, his representatives, etc., in connection with offer, etc., in commerce, of hats, to cease and desist from representing that hats composed in whole or in part of used or second-hand materials are new or composed of new materials, by failure to stamp on the sweat bands, in conspicuous and legible terms which cannot be removed, etc., a statement to such effect, as in order set forth, and subject to proviso thereof; and to cea~Se and desist from representing in any manner that hats made In whole or in part from old, used, or second-hand materials are new or composed of new materials.
MODIFIED ORDER TO CEASE AND DESIST This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on November 2, 1940, the Commission made its findings as to the facts and concluded therefrom that the respondent had violated the provisions of the Federal Trade Commission Act and issued and subsequently served its order to cease and desist; and it further appearing that on April2, 194:1, the United States Circuit Court of Appeals for the Third Circuit issued its decree modifying the aforesaid order of the Commission and directed the Commission to modify its aforesaid order to cease and desist in accordance with said decree.
Now, therefore, Pursuant to the provisions of subsection (i) of sectioh 5 of the Federal Trade Commission Act the Commission issues this its modified order to cease and desist in conformity with said court decree.
It is ordered, That respondent Jacob Schachnow, an individual trading as Modern Hat 'Vorks, or trading under any other name or names, his representatives, agents and employees, directly or through any corporate or other device in connection with the offering for 546 FEDERAL TRADE COliMISSION DECISIONS Order 33F.T. C.
sale, sale and distribution of hats in commerce as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from :
1. Representing that hats composed in whole or in part of used or second-hand materials, are new or are composed of new materials by failure to stamp on the sweatbands thereof, in conspicuous and legible terms which cannot be removed or obliterated without mutilating the sweatbands, a statement that said products are composed of secondhand or used materials (e. g., "Second-Hand," "Used" or "Made- Over"}, provided that if sweatbands are not affixed to such hats then such stamping must appear on the bodies of such hats in conspicuous and legible terms which cannot be removed or obliterated without mutilating said bodies.
2. Representing in any manner that hats made in whole or in part :from old, used, or second-hand materials are new or are composed of new materials.
BERLAND SUPPLY 00. ,INC., ET AL. 547 Syllabus