F. Hollander & Son, Inc.

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IN THE l\IA T'fER OF F. HOLLANDER & SON, INC., ET AL CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7145. Complaint May 8 1958-Decision, Oct. , 1958 Consent order requiring manufacturers in New York City to reveal the rayon or acetate content of coverings of their umbrellas. ;"'11' Alvin D. Edelson supporting the complaint. MT. Walter ;"'1. vVeisberg, of New York, N. , for respondents. INITIAL DECISION OF JOHN LEWIS, HEARING EXAMINER The Federal Trade Commission issued its complaint against the above-named respondents on l\iay 8, 1958, charging them with the use of unfair and deceptive acts and practices and unfair methods of competition, in commerce, in violation of the Federal Trade Commission Act, by failing to disclose the rayon and acetate content of umbrellas manufactured and sold by thelma where the coverings of such umbrellas simulate silk and in certain n After being served withinstances are advertised as "satin. said complaint respondents appeared by counsel and entered into' an agreement" dated July 24 , 1958, containing a consent order to cease and desist purporting to dispose of all of this proceeding as to all parties. Said agreement, which has been signed by all respondents, by counsel for said respondents, and by counsel supporting the complaint, and approved by the director and assistant director of the Co1l1mission s Bureau of Litigation, has been submitted to the above-named hearing examiner for his consideration, in accordance with Section 3.25 of the Commission s Rules of Practice for Adj udicative Proceedings. Respondents, pursuant to the aforesaid agreement, have admitted all the jurisdictional facts alleged in the complaint and agreed that the record may be taken as if findings of jurisdictional facts had been dulv made in accordance with such allegations. Said agreement further provides that respondents \vaive any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of law and all of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance vvith such agreement. It has been agreed that the order to F. HOLLANDER & SON, INC., ET AL. 509 508 Order cease and desist issued in accordance with said agreement shall have the same force and effect as if entered after a full hearing and that the complaint may be used in construing the terms of said order. It has also been agreed that the record herein shall consist solely of the complaint and said agreement, and that said agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing consent order, and it appearing that the order provided for in said agreement covers all the allegations of the complaint and provides for an appropriate disposition of this proceeding as to all parties, said agreement is hereby accepted and is ordered filed upon this decision s becoming the decision of the Commission pursuant to Sections 3.21 and 3.25 of the Commission s Rules of Practice for Adjudicative Proceedings, and the hearing examiner, accordingly, makes the follmving jurisdictional findings and order: 1. Respondent F. Hollander & Son, Inc., is a corporation organized, existing and doing business under and by virtue the laws of the State of New York, with its office and principal place of business located at 114-20 West 30th Street, New York The individual respondents Irving Hollander and Stanley H. Pollinger are officers of the corporate respondent and maintain business residences at the same address as that of the corporate respondent.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents under the Federal Trade Commission Act, and this proceeding is in the interest of the public. ORDER It is onlered That respondents F. Hollander &, Son, Inc. , a corporation, and its officers, and Irving Hollander and Stanley H. Pollinger, individually and as officers of said corporation, and respondents' agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of umbrellas or any other products in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist fronl: Decision 55 F.

Failing to conspicuously disclose by tag or label on the products themselves, and in advertisements and invoices, that their said products are composed, in whole or in part of rayon or acetate when such is the fact.

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 shall, on the 3d day of October 1958 become the decision of the Commission; and accordingly:

It is ordered That the respondents herein shall within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist.

THOMAS &NOA FURS, INC., ET AL. 511 Decision