Perfect Wool Batting Co. Inc.

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

IN THE MATTER OF PERFECT WOOL BATTING CO. INC., ET AL. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATIQr.' OF THE FEDERAL TRADE COMMISSION AKD THE WOOL PRODUCTS LADELING ACTS Ducket 7218. Complaint, Allg. .4, 1958-Decision, Dec. , 1.958 Consent order requiring manufacturers in the Bronx, N.Y., to cease violating the Wool Products Labeling Act by tagging and invoicing as 9570 Reprocessed Wool, 5% Other Fibers 7070 Reprocessed Wool, 30% Man Made Fibers Reused Wool, 20% Reused Unknown Fibers " etc. battings which contained substantially less than the stated quantities of woolen fibers; and by failing to comply with the labeling requirements of the Act.

John T. WulkeT Esq. , for the Commission. Joseph J. Nesis Esq., of New York, N. , for respondents. INITIAL DECISION BY ROBERT L. PIPER, HEARING EXAMINER The Federal Trade Commission issued its complaint against the above-named respondents on August c, 1958, charging them with having violated the Wool Products Labeling Act, the rules and regulations issued thereunder, and the Federal Trade Commission Act, by misbranding and falsely representing their battings or other wool products. Respondents appeared by counsel and entered into an agreement, dated October 14, 1958, containing a consent order to cease and desist, disposing of all the issues in this proceeding without further hearings, which agreement has been duly approved by the direetor of the Bureau of Litigation. Said agreement has been submitted to the undersigned, heretofore duly designated to act as hearing examiner herein, for his consideration in accordance with ii3. 25 of the Rules of Practice of the Commission.

Respondents, pursuant to the aforesaid agreement, have admitted alj of the jurisdictional allegations of the complaint and agreed that the record may be taken as if findings of jurisdictional facts had been made duly in accordance with such allegations. Said agreement further provides that respondents waive all further procedural steps before the hearing examiner or the Commission, including the making of findings of fact or conclusions of law and the right to challenge or contest the validity of the order to cease and desist entered in accordance with such agree- PERFECT WOOL BATTING CO., INC., ET AI" 895 894 Order ment. It has also been agreed that the record herein shall consist solely of the complaint and said agreement, that the agreement shall not become a part of the offcial record unless and until becomes a part of the decision of the Commission, that said agreement is for settement purposes only and does not constitute an admission by respondents that they have violated the Jaw as alleged in the complaint, that said order to cease and desist shall have the same force and effect as if entered after a full hearing and may be altered, modified, or set aside in the manner provided for other orders, and that the complaint may be used in construing the terms of the order.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing the consent order, and it appearing that the order and agreement cover all of the allegations of the complaint and provide for appropriate disposition of this proceeding, the agreement is hereby accepted and ordered filed upon this decision and said agreement becoming part of the Commission s decision pursuant to 21 and 3. of the Rules of Practice, and the hearing examiner accordingly makes the follo\ving findings, for jurisdictional purposes, and order:

1. Respondent Perfect Wool Batting Co., Inc., is a corporation organized and existing by virtue of the laws of the State of New York, with its principal place of business located at 1342 Inwood Avenue, Bronx, N.

The individual respondents, Joseph Hersh and William Newman, are president and secretary, respectively, of the said corporate respondent and have the same address as that of the corpm-ate 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 Wool Products Labeling Act and the Federal Trade Commission Act, and this proceeding, is in the interest of the public, ORDER It is o1'dered That respondents Perfect Wool Batting Co., Inc. a corporation, and its offcers, and Joseph Hersh and Wiliam Newman, individually and as offcers of said corporation, and respondents ' representatives, agents or employees, directly or through any corporate or other device, in connection with the Decision 55 F.

introduction or manufacture for introduction into commerce, or the offering for sale, sale, transportation or distribution in com meree, as "commerce" is defined in the Federal Trade Commission Act and the Wool Products Labeling Act of 1939, do forthwith cease and desist from misbranding such products by: 1. Falsely or deceptively stamping, tagging, labeling or other wise identifying such products as to the character or amount of the constituent fibers included therein; 2. Failing to securely affx to or place on each such product a stamp, tag, Jabel or other means of identification showing in a clear and conspicuous manner:

(a) The percentage of the total fiber weight of such wool prod uet, exclusive of ornamentation not exceeding five percentum of said total fiber weight, of (1) wool, (2) reprocessed wool, (3) re used 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 weight of such wool product of any nonfibrous loading, filling, or adulterating matter; (c) The name or the registered identification number of the manufacturer of such "vaal 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 for shipment thereof in commerce, as "commerce " is defined in the Wool Products Labeling Act of 1939.

It is t",.that olde,' That respondents Perfect Wool Rattng Co. , Inc. , a corporation, and its offcers, and oseph Hersh and William Newman, individually and as offcers of said corporation and respondents' representatives, agents or employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of battings, or any other wool products, in commerce, as "commerce" is clefm€u in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting the constituent fibers thereof on invoices or other shipping memoranda or in any other manner. DECISION OF THE COM YlISSIO 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 18th day of December 1958 , hecome the decision of the Commission; and, accordingly:

PERFECT WOOL RATTING CO., INC., ET AL. 897 894 Decision It is ordered That respondents Perfect Wool Batting Co., Inc. a corporation, and its offcers, and Joseph Hersh and Wiliam Newman, individually and as offcers of said corporation, 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.

898 FEDERAL TRADE COM:\ISSION DECISIONS Decision 55 F. T.