Irving S. Cohen, Inc.

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

In THE Marrer oF IRVING 8. COHEN, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket 7478. Complaint, Apr. 80, 1959—-Decision, Sept. 9, 1959 Consent order requiring New York City distributors to cease violating the Wool Products Labeling Act by tagging as “8594 wool, 15% other fibers,” bolts of fabric which contained a substantial quantity of “reprocessed” wool rather than ‘wool’; by failing to label other wool products as required by the Act; and by misrepresenting the fiber content of certain products on WMVOICces.

Mr. Alvin D. Edelson supporting the complaint. ifr. Frederic E. Hammer of Bernstein, Weiss, Hammer & Porter. of New York, N.Y., for respondents.

Iniriau Decision py Epwarp Cree, Heartne EXAMINER The complaint herein was issued on April 30, 1959, charging respondents with violating the Wool Products Labeling Act and the Rules and Regulations promulgated thereunder and the Federal Trade Commission Act.

On July 10, 1959, there was submitted to the undersigned hearing examiner an agreement between respondents and counsel supporting the complaint providing for the entry of a consent order. Under the foregoing agreement, the respondents admit the jurisdictiona] facts alleged in the complaint. The parties agree, among other things, that the cease and desist order there set forth may be entered without further notice and have the same force and effect as if entered after a full hearing and the document includes a waiver by the respondents of all rights to challenge or contest the validity of the order issuing in accordance therewith. The agreement further recites that it is for settlement purposes only and does not. constitute an admission by the respondents that they have violated the law as alleged in the complaint.

28S FEDERAL TRADE COMMISSION DECISIONS Order 56 F.T.C.

The hearing examiner finds that the content of the agreement meets all of the requirements of Section 8.25(b) of the Rules of the Commission.

The hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for settlement and disposition of this proceeding, the agreement. is hereby accepted, and it is ordered that said agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission. The following jurisdictional findings are made and the following order issued. 1. Respondent Irving S. Cohen, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business located at 257 West 39th Street, New York, New York. 2. Individual respondent Irving S. Cohen is president and treasurer of the corporate respondent with his office and principal place of business at 257 West 89th Street, New York, New York. 3. 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 It is ordered, That respondents Irving S. Cohen, Inc., a corporation, and its officers, and Irving S. Cohen, individually, and as an officer of the 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 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 “wool products” as such products are defined in and subject to 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 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, label, or other means of identification showing in a clear and conspicuous manner:

(a) The percentage of the total fiber weight of such woo] 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 COHEN BROS. FUR CORP. ET AL. 289 287 Syllabus 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 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 for shipment thereof in commerce, as “commerce” is defined in the Wool Products Labeling Act of 1939.

Ft is further ordered. That respondent Irving S. Cohen, Inc., a corporation, and its officers, and Irving S. Cohen, individnally, and as an officer of the 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 textile fabrics in commerce, as “commerce™ is defined in the Federal Trade Commission Act do forthwith cease and desist from misrepresenting the constituent. fibers of which their products are composed or the percentages thereof in invoicing, shipping memoranda, 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 iitial decision of the hearing examiner shall on the 9th day of September, 1959, become the decision of the Commission: and, accordingly:

It 2s 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.