The B. P. Cooley Company

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IN THE MATTER OF THE B. P. COOLEY Camp ANY ET AL.

CONSENT ORDER. ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7230. Complaint, Aug. 7, 1958-Decision, SelJt. 11, 1958 Consent ol'cIer l'equlring manufacturers in Stafford Springs, Conn., to disclose the fiber content and manufacturer idelltification number on labels attacheci to woolen waste products, and to cease misrepresenting the fiber content on invoices or shipping memoranda. Mr. Cha'tles vV. O' Con' neZl for the Con1mission. No appearance for the respondents.

INITIAL DECISION BY V1ILLIAl\1 L. PACK, HEARING EXAMINER The complaint in this matter charges the respondents with misbranding certain wool products in viol(;jtion of the W Dol Products Labeling Act and the Rules and Regulations promulgated thereunder, and the Federal Trade Commission Act. An agreement has now been entered into by respondents and counsel supporting the complaint "\which provides, mllong other things that respondents admit all of the jurisdictional allegations in the complaint; that the record on y",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 fl11dings of fact and conclusions of la\v in the decision disposing of this n1atter 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, respondents specifically waiving any and all rights to challenge or contest the validity of such order; that the order 111ay be 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 conviolated the stitute an admission by respondents that they have law as alleged in the complaint.

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 Order 55 F.

agreement is hereby accepteel, the following jurisdictional findings made, and the follo\ving order issued: 1. Respondent The B. P. Cooley Company is a corporation organized, existing and doing business under the laws of the State of Connecticut. Respondents \V. Craig Leuthner and Frank Leuthner are ppesident-secretary and treasurer, respectively, of said corporate respondent. The office and place of business of all the respondents is in Stafford Springs, Conn. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the pu blie interest.

ORDER It: 'is onlered That the respondents The B. P. Cooley Company, a corporation, and its officers, and W. Craig Leuthner and Frank Leuthnel' , individually and as officers of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction or manufacture for introduction into comnlerce, or the offering for sale, sale, transportation, or distribution in commerce, as "commerce" is defined in the Federal Trade Commission Act, and the Wool Products Labeling Act of 1939 , of woolen wastes or other wool products as "\vool products" are defined in and subject to, the \V 001 Products Labeling Act, do forthwith cease and desist from misbranding such products by: 1. Falsely or deceptively tagging, labeling or otherwise identifying such products as to the character or amount of the constituent fibers contained therein;

2. Failing to securely affix to, or place on, each such product a stamp, tag or label or other means of identification showing .in a clear and conspicuous manner:

(a) The percentage of the total fiber weight of such vvool product exclusive of ornamentation, not exceeding five percentun1 , (3)of said total fiber weight, of (1) \vool, (2) reprocessed wool reused wool, (4) each fiber other than \vool where said percentage by \veight of such fiber is five percentum or more, and (5) the aggregate of all other fibers;

(b) The maximum percentage of the total weight of such wool product of any non-fibrous loading, filling or adulterating llla tter ;

(c) The name or the registered identification number of the manufacturer of such wool product or of one or more persons THE B. P. COOLEY COMPANY ET AL. 341 339 Decision engaged in introducing such wool product into commerce, or in the offering for sale, sale, transportation, distribution or delivery for shipment thereof in commerce, as "commerce'" is defined in the Wool Products Labeling Act of 1939. It is further ordered That the respondents The B. P. Cooley Company, a corporation, and its officers, and V\T Craig Leuthner and Frank Leuthner, individually and as officers of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of woolen wastes or any other products in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forth\with cease and desist from misrepresenting the character or amount of the constituent fibers contained in such products, on invoices or shipping memoranda applicable thereto, or in any other manner. DECISION 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 11th day of September 1958, become the decision of the Commission; and accordingly:

It is ordered That respondents The B. P. Cooley Company, a corporation, and 'VV. Craig Leuthn er and Frank Leuthner, individually and as officers of said corporation, shall, \within sixty (60) days after service upon them of this order, file with the Commission a report in \\Titing, setting forth in detail the manner and form in which they have complied with the order to cease ~mcl desist.

Decision 55 F.