Edward H. Baker

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

IN THE MATTER OF EDWARD H. BAKER CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 71 74. Complaint, June 13, 1958-Decision, Sept. , 1958 Consent order requiring m3nufacturers in Springfield, Vt., to cIisclose the fiber content and m~nufacturer s identification number on labels attached to woolen waste products, and to cease misrepresenting the fiber content on invoices or shipping memoranda.

Mr. Alvin D. Edelson for the Commission. No appearance for respondent.

INITIAL DECISION BY WILLIAM L. PACK HEARING EXAMINER The complaint in this matter charges the respondent with misbranding certain wool products in violation of the Wool Products Labeling Act and the Rules and Regulations promulgated thereunder, and the Federal Trade Commission Act. An agreement has now been entered into by respondent and counsel supporting the complaint which provides, among other things, that respondent admits all of the jurisdictional allegations in the complaint; that the record on ,which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and agreement; that the inclusion of findings of fact and conclusions of law in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in disposition of the proceeding, such order to have the same force and effect as if entered after a full hearing, respondent specifically waiving any and all rights to challenge or contest the validity of such order; that the order may altered, modified, or set aside in the manner provided for other orders of the Commission; that the complaint may be used in construing the terms of the order; and that the agreement is for settlement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint.

Order 55 F.

The hearing examiner having considered the agreement and proposed order and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted, the follo\ving .i urisdictional findings made, and the following order issued:

1. Respondent Edward H. Baker is an individual trading and doing business as Edward H. Baker with his office and principal place of business located at 99-A Summer Street, Springfield Vt.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered That the respondent, Edward H. Baker, trading as Edward H. Baker or under any other name, and respondent' representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction into commerce, or the offering for sale, sale, transportation or distribution in commerce, as "commerce" is defined in the Federal Trade Commission Act, and the \V 001 Products Labeling Act 1939 of \vool products, do forthwith cease and desist from misbranding such products by:

1. Falsely or deceptively stamping, tagging, labeling or otherwise identifying such products as to the character or amount of the constitutent fibers contained therein; 2. Failing to securely affix to or place on each such product a stamp, tag, label or other means of identification showing in a clear and conspicuous manner:

(a) The percentage of the total fiber \veight of such wool product, exclusive of ornamentation not exceeding five percentum of said total fiber weight, of (1) wool, (2) reprocessed wool, (3) reused wool, (4) each fiber other than wool where said percentage by weight of such fiber is five percentum or more, and (5) the aggregate of all other fibers;

(b) The maximum percentage of the total \veight of such wool products of any non-fibrous loading, filling, or adulterating matter;

(c) The name or the registered identification number of the manufacturer of such wool product or of one or more persons engaged in introducing such wool product into commerce, or in the offering for sale, sale, transportation, distribution or delivery EDWARD H. BAKER 329 327 Decision for shipment thereof in commerce, as "commerce" is defined in the Wool Products Labeling Act of 1939.

It is further ordered That respondent, Edward H. Baker trading as Edward H. Baker, or under any other name, and respondent' s representatives, agents and employees, directly or through any corporate or other device, in connection with the sale of wool products, or any other textile fabrics in commerce, as commerce " is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting on invoices, or through other means, the character of the constituent fibers of said wool products, or other textile products. DECISTON OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner did, on the 11 th day of September 1958 become the decision of the Commission; and, accordingly:

It is orcle1'ecl That respondent Edward H. Baker, an individual trading as Edward H. Baker, shall, within sixty (60) days after service upon him of this order, file \with the Commission a report in writing, setting forth in detail the manner and form which he has complied with the order to cease and desist. 330 FEDERAL TRADE CO1\.IMISSION DECISIONS Decision 55 F.