Russ Togs, Inc

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

In THE MATTER oF RUSS TOGS, INC... ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7459. Complaint, Apr. 1, 1959—Decision, Aug. 1, 1959 Consent order requiring manufacturers in New York City to cease violating the Wool Products Labeling Act by tagging as 100% wool, ladies’ skirts which contained a substantial quantity of non-woolen fibers, and by failing to label other wool products as required.

Mr. John T. Walker for the Commission.

Mr. Ruben. Schwartz, of New York, N.Y., for respondents. Txitiau Decision py Witiiam L. Pacn. Heartne Examiner The complaint in this matter charges the respondents with violation of the Wool Products Labeling Act and the Rules and Regulations promulgated thereunder, and the Federal Trade Commission Act, in connection with the sale of ladies’ skirts and other wool products. An agreement has now been entered into by respondents and counsel supporting the complaint which provides, among other things, that respondents admit 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 Jaw 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, respondents specifically waiving any and all rights to challenge or contest. the validity of such order; that the order may be altered. modified, or set aside in the manner provided for other orders of RUSS TOGS. INC.. ET AL. 139 138 Order 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 respondents that they have violated the Jaw 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 agreement is hereby accepted, the following jurisdictional findings made, and the following order issued:

1. Respondent Russ Togs, Inc., is a corporation organized, existing and doing business under the laws of the State of New Y ork, with its principal place of business located at 1372 Broadway, New York, New York. The individual respondents. Louis Rousso, Eli Rousso and Irving L. Rousso (erroneously referred to in the complaint as Lows Russo, Eli Russo and Irving Russo) and Herman Saporta are president. vice president, secretary-treasurer, and manager, respectively, of the corporate respondent, and have the same address as the said corporate respondent.

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

ORDER /t is ordered, That respondents, Russ Togs, Inc., a corporation, and its officers, and Louis Rousso, Eli Rousso and Irving L. Rousso (erroneously referred to in the complaint as Louis Russo, Eli Russo ond Irving Russo), individually and as officers of said corporation. and Herman Saporta, individually and as manager of said corporation, and respondents’ representatives, agents or employees, directly or through any corporate or other device; in connection with the introduction, or manufacture for 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 Wool Products Labeling Act of 1939, of ladies’ skirts. or other wool 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 constituent. fibers included 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:

599869—62——1]1 Syllabus 56 FTC.

(a) The percentage of the total fiber weight of such wool product, exclusive of ornamentation not exceeding five percentum of said total fiber weight, of (1) wool, (2) reprocessed wool, (8) reused wool, (4) each fiber other than wool where said percentages by weight of such fiber is five percentum or more, and (5) the aggregate of all other fibers;

(b) The maximum percentages of the total weight of such wool product 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 for shipment. thereof in commerce, as “commerce” is defined in the Wool Products Labeling Act of 1989.

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 Ist day of August, 1959, become the decision of the Commission; and, accordingly:

It is ordered, That the respondents herein shal] 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.