Consumer Law Library

Goodstein Brothers & Company, Inc.

Volume 60 · 60 F.T.C. 464

Citation
60 F.T.C. 464
Docket
C-89
Complaint
1962-03-02
Decision
1962-03-02
Document type
consent order
Case type
consumer protection
Statutes
Wool Products Labeling Act
Industry
apparel manufacturing
Outcome
consent order entered
Relief
cease_and_desist; compliance_reporting
Source
Original volume PDF
Original PDF
This decision as a PDF

product labeling

Cite this decision

Goodstein Brothers & Company, Inc., 60 F.T.C. 464 (1962). Consumer Law Library, https://consumerlawlibrary.org/decisions/v060-0045

Report an error in this record (decision id v060-0045)

Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

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

and form in which they have complied with this order. Ix THE lYIA TTER OF GOODSTEIN BHOTHEHS & CO~IP ANY, INC., ET AL. CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRDE CO::fMISSION AND THE WOOl, PRODUCTS LATIELING ACTS Docket C-SD. Complaint, .Jar. 1962-Decision, Maj. , 1962 Consent order requiring Kew York City manufacturers to cease violating" the Wool Products Labeling Act by labeling as "DO% Heprocessed Cashmere- 10% Xylon, topcoats which contained a substantial Quantity of fibers other than those represented, and by failng to label topcoats with the true generic names of the constituent fibers and the percentage thereof. CO:\IPLAIXT Pursuant to the provisions of the Federal Trade Conunission Act and the 'Wool Products Labeling Act of 1939, and by virtue of the GOODSTEI BROTHERS & CO, ) I::C. , ET AL. 465 464 Complaint authority vested in it by said Acts, the Federal Trade Commission having reason to believe t.hat Goodstein Brothers & Company, Inc. a corporation, Albert Goodstein, Lawrence Goodstein, and "\Villia.m Goodstein, individually and as offcers of said corporation, hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules and H.egulations promulgated under the ",Vool Products Labeling Act, and it appearing to the Comnlission that a procee(ling by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondent Goodstein Brothers & Company, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its offce and principal place of business located at 10 ,Vest 20th Street, New York Individual respondents Albert Goodstein, Lawrence Goodstein and '\Villiam Goodstein are President, Treasurer and Secretary, respectively, of corporate respondent. The individual respondents formulate, direct and control the acts, practices and policies of corporate respondent Goodstein Brothers & Company, Inc., including those hereinafter set forth. The oilce and principal place of business of the individual respondents is the same as that of the corporate respondent.

Paint. 2. Subsequent to the effective date of the ,Yool Products Labeling Act of 1939 and more especially since 1960, respondents have manufactured for introduction into commerce, introduced into commerce, sold, transported, distributed, delivered for shipment, and offered for sale in commerce, as "cormnerce" is (refined in said Act, wool products as "wool product" is defined therein. PAR. 3. Certain of said wool products '''ere misbranded by the respondents within the intent and meaning of Section 4 (a) (1) of the Wool Products Laheling Act of 1939 and the Hules and Hegulations promulgated thereunder, in that they were falsely and deceptively labeled, tagged or otherwise identified with respect to the character and amount of the constitutent fibers contained therein. Among such misbranded wool products, but not limited thereto, were topcoats labeled or tagged by respondents as 90% Heprocessed Cashmere-10% Nylon, whereas, ill truth and jn fact" said products contained a substantial quantity of fibers other than those represented. PAR. 4. Certain of said wool products were further misbranded by respondents in that they were not sta,mped, tagged or labeled as required under the provisions of Section 4(a) (2) of the \Yool Products , , 466 FEDERAL TRADE cO:l"nSSIOX DECISIONS Decision and Order GO F.

Labeling Act and in the manner and form as prescribed by the Rules and Regulations promulgated under saiel Act. Among such misbranded wool products, but not limited thereto were topcoats with labels which failed: (1) to disclose the true generic names of the iibers present and (2) to disclose the percentage of such fibers.

PAR. 5. The acts and practices of the respondents as set forth above were, and are, in violation of the "\V Gol Products Labeling Act of 1939 and the Rules and Regulations promulgated thereunder, and constituted, and now constitute, unfair a,nd deceptive acts and practices and unfair 1nethoc1s of competition in commerce within the intent and meaning of the Federal Trade Comnlission Act. D:E:CISlON AND ORDEI The Con1Jnission ha.ving heretofore determined to issue its complaint charging the respondents named in the cflption hereof ",with violation of the Federal Tmde Commission Act and the ,1'001 Products Labeling Act of 19;)9, and the respondents having been served with notice of said determination and Ivith a copy of the compla,lnt the COllunission intended to issue, together with a proposed fOl'lIl of order; and The respondents and counsel for the Commission hllving the.rcafte.r executed an agreement containing a consent order, all a.admission by respondents of all the jurisdictional facts set forth in the complaint to issue herein, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the law has been violated as set forth ill suel1 c0111phlint and waivers and provisions as required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by mtid agreement makes the following j urisdict.ional findings, and enters the following order:

1. Respondent Goodstein Brothers & Company, Inc., is a corporation organized, existing and doing business under and by virtue of the Jaws of the State of New York, with its offee and principal place of business located at 10 West 20th Street, in the city of New York State of N ew York.

Respondents Albert Goodstein, Lawrence Goodstein and .Wiliam Goodstein are offcers of said corporation and their address is the same as that of said corporation.

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

ROMEX I1' TERKATIONAL, LTD. , ET AL. 467 464 Complaint ORDER It is ordered That respondents, Goodstein Brothers & Company,. Inc., a corporation, and its offcers, and Albert Goodstein, Lawrence Goodstein and W'iliam Goodstein, individually and as offcers of said 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, delivcry for shipment or distribution, in COll1nCrCe, of coats or other wool products, as "commerce" and "wool product" are defined in the ' W 001 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 sccurely aiIx to or place on each product a stamp, tag, iabel or other means of identification showing in a clear and conspicuous manner, each element of information required to be disclosed by Section 4(a) (2) of the Wool Products Labeling Act of 1939. It is further ordered That thc 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

← 60 F.T.C. 459 · 60 F.T.C. 467 →