A. Brash & Sons, Inc.

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and form in ,,-hieh he has complied with the order to cease and desist. THE L\ TTEH OF A BEASI- & SONS, INC-, ET AL.

CONSENT ORDER , ETC. , IN REGARD TO THE ALLEGED i'lOLATIOX OF THE FEDERAL TRADE COl\DnSSION AND THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACTS Docket 8285. Gomplnint, Feb. 1961-Decision, June 7, 1961 Consent order requiring Baltimore manufact.urers to cease violating the Textile Fiber Products Identification Act by labeling men s trousers which contained snhstantial1y less "Dacron " pol 'ester than thus indicated, as 75% "Dacron" polyester and 25% cotton; by failing to label textie fiber products as required; and by failing to maintain proper records showing the fiber content of their textile products. 1034 FEDERAL TRADE CONLVIrSSION DECISIQXS Complaint 58 F.

CO::IPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Identificlltion Act, llnd by virtue of the authority vested in it by sllid Acts, the Fedeml Trade Commission, having reason to believe that A. Brash & Sons, Inc., a corporation, and Seymour Brash, individually and as an offcer of said corporation, he.rcinafter referred to as respondents, have violated the provisions of such Acts and the Rules and Regulations under the Textile Fiber Products Identificlltion Act and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its c.complaint stating its charges in that respect as follows:

\RAGRAPH 1. Respondent A. Brash & Sons, Inc. is a corpomtion organized, existing and doing business under and by virtue of t.he Jaws of the State of Maryland, with its principal place of business at 110 South Hanover Street, Baltimore Iaryland. It does busi- Dess under the name A. Brash & Sons.

Respondent Seymour Brash is president and treasure.r of the corporate respondent. He formulates, directs and controls the act.s practices and policies of the corporate respondent. His address is the same as that of the corporate respondent. PAR. 2. Subsequent to the effective date of the Textile Fiber Products Identification Act on March 3 , 1960 , respondents have been and are now engaged :in the introduction, delivery for :introduction, manufacture for introduction, sale, advert:ising, and offering ror sale, in commerce, and in the transportation or causing to be transported :in commerce, and the importation into the United States, of textile fibcr products; and have sold, offered for saJe advertised, delivered, transported and caused to be transported, textile fiber products, which had been advertised or offered for sllie in commerce.; and have sold, offered lor sale, advertised, delivered transported n.nd caused to be transported, after shipment in commerce, textile fiber products either in their original state or which were made or other textile products so shipped in commerce; as the terms "commerce" and "textile fiber products are defined in the Textile Fiber Products Identificlltion Act. PAR. 3. Certain of said textile fiber products were misbranded by (a) of therespondents within the intent and meaning of Section 4 Textile Fiber Products Identification Act and the Hules and Hegulations promulgated thereunder, in that they were falsely and de- A. BRASH & SONS , INC. , ET AL. 1035 1033 Decision ceptively tagged or labeled, invoiced, advertised or otherwise identined as to the name or amount of the constituent fibers contained therein.

Among such textile fiber products were men s trousers labeled by respondents as 75% "Dacron" polyester and 25% cotton whereas in truth and in fact such trousers contained substantially less "Dacron polyester than represented.

PAR. 4. Certain of said textile fiber products were further misbranded by respondents in that they v,ere not stamped, tagged, or labeled as required under the provisions of Section 4 (b) of the Textile Fiber Products Identification Act, and in the manner and form as prescribed by the Rules and Regulations promulgated under said Act.

PAR. 5. Hespondents have failed to maintain proper records showing the nber content of the textile libel' products manufactured by them, in violation of Section 6 (a) of the Textile Fiber Products Identincation Act and Rule 3D of the llegulations promulgated thereunder.

PAR. 6. Respondents, in the course and conduct of their business as aforesaid, were and are in substrmtial competition in commerce with corporations, firms and individuals likewise engaged in the manufa,cture and sale of textile fiber products, including men trousers.

PAR. 7. The acts and practices of respondents, as set forth above were, and are, in violation of the Textile Fiber Products Idcmtification Act and the Hules and Rc,gulations promulgated thereunder and constituted, and nO\v constitute, unfair and deceptive acts and practices and unfair methods of competition in commerce, within the intent and meaning of the Federal Trade Commission Act. Mr. Charles W. Connell for the Commission. Jir. Samuel L. Silbe)' of Baltimore, Md., for respondents. INITIAL DECISION I3Y HERMAX Tacker, FIEARIXG EXA).n F.R The complaint in this proceeding, issued February 8, 1961 , charged 1he respondents, A. 13rash & Sons, Inc. , a :Maryland corporation and Seymour J. Brash (named therein as Seymour Brash) its President, individually and as an oiIicer thereof, both located at 110 South Hanover Street, Baltimore, Jiaryland, with violation of the proviby misde-sions of the Textie Fiber Products Identification Act, scribing the fiber content of and failing properly to label or tag 1036 FEDERAL TRADE COMMISSION DECISIOKS Opinion 58 F.

garments advertised or offered for saJe and sold and transported by them in commerce, and also with failing to maintain records showing the fiber content of such commodities as required by the statute and regulations.

After the issuance of the complaint, respondents (with the advice of their attorney), and counsel snpporting the complaint entered into an agreement, containing consent order to cease and desist, thn disposing of all the issues as to all parties to this proceeding. It was expressly provided in said agreement that the signing thereof is for settlement purposes only and does not constitute an admission by respondents that they have violated the la\y as alJegcd in the complaint.

By the terms of sa.id agreement, the respondents admitted all the jurisdictional facts alleged in thc complaint ,md agreed that the record herein may be taken as if the Commission had made ilndi11gs of jurisdictional facts in accordance with the allegations. By said agreement, the parties expressly waived any further procedural steps before the hearing examiner and the Commission; the making of findings of fact or conclusions of law; and all rights they may have to challenge or contest the validity of the order to cease and desist e,entered in accordance therewith. Respondents agreed further that the order to cease a.nd desist issued in accordance with saiel agreement., shall have the same force and effect as if made after a full hearing. It was further provided that said agreement, together with thc complaint, shall constitute the entire record herein; that the complaint herein may be used in construing the terms of the order issued pursuant to said agreement; and that said order may be, altered modified or set aside in the manner prescribed by the statute for orders of the Commission.

The hearing examiner has considered such agreement. and the order therein contained, and, it appearing that said agreement and order provide for an appropriate.e disposition of this proceeding, the same is hereby accepted and, upon becoming part of the Commission s decision in accordance with Sections 3.21 and 3.25 of the Rules of Practice: shall be filed; and, in consonance with the terms thereof the hearing examiner finds that the Federfll Trade Commission has jurisdiction of the subject. maher of this proceeding and of the respondent.s namec1 herein, and that. this proceeding js in the interest of the public, and is.c;ues the following order: A. BRASH & SONS) INC. , ET AL. 1037 1033 Decision ORDER It is ordered That respondents, Ao Brash & Sons, Inc., a corporation, and its offcers, and Seymour Bra.sh, individually and as an offcer of said corporation, find respondents' representatives, agents and employees, directly or through any corporate or other device in connection -with the introduction, delive.ry for introduction, manufacture for introduction, sale, advertising, or offering for sale, in commerce, or the transportation or causing to be transported, in commerce, or the importation into the United States of textile fiber adver-product.s; or in connection with the sale, offering for sale, tising, delivery, tnn1sportation, or ca,llsing to be transported, of textile fiber products which have been advertised or offered for sale in oiIering for sale, advercommerce; or in connection with t.he sale, tising, delivery, transportation, or causing to be t.transported, ai'er shipment in commerce, of text.ile fiber products, whether in their original state or contained in other textile fiber products, as the terms " commerce" and "textile fiber products" are defined in the Te,xtile Fiber Products Identitication /\.ct, do forthwith cease and desist from:

A. )'lisbranding textile fiber proclucts by: 1. Falsely or (leceptively stamping, tagging, labeling, invoicing, advertising, or otherwise identifying such products as to the name or amount or constit.uent fibers contained therein; 2. Failing to affx labels to such products showing each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act.

B. Failing to maintain records of fiber content of textile fiber products manufactured by them, as required by Section 6 (a) of the Textile Fiber Products Identification Act and Rule 39 of the Regula tions thereunder.

DECISION OF THE CO.lUfISSION A1-""n ORDER TO FILE REPORT OF COMPLIA Pursuant to Section 3.21 of the Commission s R.ules of Practice the initial decision of the hearing examiner shall, on the 7th day of June, 1961, become the decision of the Commission; and, accordingly:

It ow, ordered That respondents herein shall, within sixty (60) days after service upon them of this order, fiJe 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. 1038 FEDERAL TRADE COMMISSION DECISIOKS Complaint 58 F.