Progress Tailoring Company

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IN THE MATTER OF PROGRESS TAILORING COMPANY ET AL.

MODIFIED CEASE AND DESIST ORDER Docket 3747. Order, Peb. 16, 1954 Order modifyinp;-in harmony with the Commission s changed interpretation of the application of Sec. 5 of the Act to the use of such terms as "free" in advertising or other offers, as set out in Walter J. lIaelc, Inc. Doeket 5571 Sept. 11, 1953, and the modified final decree dated Dec. 9, 1953, of the Court of Appeals for the Seyenth Circuit in the instant matter- Coilmission prior orders, dated July 20, 1943, 37 F. T. C. 277, prohibiting various practices, including use of the term "free" as there set out- So as to require respondents, in eonnect:on with the offer, sale, and distribution of ,vearing apparel and other merchandise-in connection with which it advertised for the services of salesmen-to cease and desist from "using the tenn 'free' or any other term of similar import or rneanin to designate, describe, or refer to wearing apparel or other items of merchandise which are furnished as compensation for services rendered nles8 in close connection therewith all tho conditions, obligations, or other prerequisites to the receipt and retention of said wearing apparel or other items of merehandise are clearly and conspieiously set forth" Before Mr. Randolph Preston and Mr. James A. P'urcell hearing examiners.

Mr. R. P. Bellnger for the Commission. , and Hogan IT Platt of Chicago Ill. Mayer, Meyer, Austrian HaTtson of 'Yashington, D. C., for respondents. JIODIFIED ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, answer of the respondents, testimony and other evidence in support of and in opposition to the allegations of said complaint taken before trial examiners of the Commission theretofore duly designated by it, report of the trial examiners upon the evidence, briefs filed in support of the complaint and in opposition thereto, and oral argument of counsel; and the Commission having made its findings as to the facts and its conclusion that said respondents had violated the provisions of the Federal Trade Commission Act, and on July 20, 1943, issued an order to cease and desist against respondents Progress Tailoring Company, a corporation, trading under its own name and also as J. C. Field & Son; Stone- Field Corporation, a corporation; 'V. Z. Gibson, Inc., a corporation; Pioneer Tailoring Company, a corporation; and Certified Tailoring , PIWGRESS TAILORING CO. ET AL. 663 662 Order Company, a corporation; and their respective offcers, representatives agents and employees; and The aforesaid respondents, having filed in the United States Court of Appeals for the Seventh Circuit their petition to review and set aside said order to cease and desist; and that Court having heard the matter on briefs and oral argument and having thereafter, on J anuary 28, 1946, affrmed said order and on February 21, 1946, entered its final decree enforcing said order; and Hespondents Progress Tailoring Company, Stone-Field Corporation, 'V. Z. Gibson, Inc., and Pioneer Tailoring Company, respondent Certified Tailoring Company having been dissolved, and the Commission having, on December 4 1953, jointly moved the Court to modify said final decree to accord with the change in the Commission intcrpretation of the application of Section 5 of the Federal Trade Commission .i ct to the use of such terms as "free" in advertising or other offers to the public, as announced in its decision of the proceeding in Docket No. 3571 In the Matter of 'Walter.J. Black, Inc. " and the Court having, on December 9, 1953, entered an order modifying its final decree in the manner requested by the parties as aforesaid; and The Commission being of the opinion that its order should be modified so as to accord with the aforesaid change in its interpretation Section 5 of the Federal Trade Commission Act and to conform the aforesaid order of the United States Court of Appeals for the Seventh Circuit:

It is ordered, then'far' That respondents Progress Tailoring Company, a corporation, trading under its own name and also as .J. C. .Field & Son; Stone-Field Corporation., a corporation; 'V. Z. Gibson In( , a corporation; and Pioneer Tailoring Company, a corporation; and their respective offcers, representatives, agents, and employees directly or through any corporate or other device in connection with the offering for sale, sale, and distribution of wearing apparel and other similar items of merchandise in commerce as "commerce" is defined in the .Ferleral Trade Commission Act, do forthwith cease and desist from:

1. Using the term "free" or any other term of similar import or meaning to designate, describe, or refer to wearing apparel or other items of merchandise which are furnished as compensation for services rendered, unless in close connection therewith ajj of the conditions obligations, or other prerequisites to the receipt and retention of said wearing apparel or other items of merchandise are clearly and conspicuously set forth.

2. Using the term "free" or any other term of similar import or meaning to describe or refer to linings, trimmings, or other portions Order 50 ), . T. C.

of garments which constitute a part of any garment, and the price of which is included in the price of the entire garment. 3. Using a pictorial representation of a building, in advertising or in any other manner, which inaccurately portrays or mispresents the size or extent of respondents' business or the comparative volume of business transacted by the respondents.

4. Representing directly or by implication that respondents are sellng their garments at manufacturers' prices or at prices which save the purchaser the cost or profit of the retailer or middleman. 5. Representing that respondents are wholesale tailors or that their garments are supplied to purchasers at wholesale prices or that respondents are engaged in any business other than the sale of garments at retail.

6. The use of reproductions of any fictitious affdavit in advertising material or in any other manner.

J t is further ordered That within sixty days after service upon them of this order, said respondents shall file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.

It appearing that respondent Certified Tailoring Company, a corporation, has been dissolved since issuance of the original order to cease and desist herein it is further ordered That the complaint herein , and it hereby is, dismissed as to said former respondent. &;

METAL LATH MANUFACTURERS ASS' N ET AL. uuu Order