Cartwright'S Town House, Inc., trading as; the Town House, Inc., et al.

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IN THE l\IATTER OF CARTWRIGHT' S TOW HOL:SE, INC. , TRADING AS THE TOW HOUSE, IXC., ET AL.

CONSENT ORDER: ETC., I REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE cmDIISSIOX , THE TITR PROD"GCTS LABELING, THE TRX- TILE FIBER PRODUCTS IDENTIFICATION, AND THE WOOL PRODUCTS LABEL- ING ACTS Docket C-692. Cornpla-int, Jan. 1964-Decisio?t, Jan, 1964 Consent order requidng tbe operators of a ladies specialty shop in Rome, Ga., to cease violating the Textie Fiber Products Identification Act, the 'Vaal Products Labeling Act and the Fur Produds Labeling Act by failng to label and invoice lJroclncts as required by the adi)licahle Acts anll removing labels or other identification prior to ultimate sale. COMPLAI Pursuant to the provisions of the Federal Trade Commission Act the Textile Fiber Products Identification Act, the 1Vool Products 358 :FEDERAL TRADE CO-'dMISSIOX DECISlO:NS Complaint 6'1 I!. Labeling Act of 1939 and the Fur Products Labeling Act and by virtue 01 the authority ycstecl ill it by said Acts, the Federa.l Trade Commission l1ftving reason to believe that Cartwrighfs To'\n House Inc., fl corporation trflcling as The Town I-Iollse, Inc. , and its ofEcel's a.nd J oyee H. Lovell, individually and as manager of The Toyrn Iiouse, Inc. , hereinafter referred to as respondents, hate "\'iolated the provisions of said Acts and the H.nles and Regulations promulgated under the Textile Fiber Products Identification Act, the 11'001 Products Labeling Act of 1939 and the Fur Products Labeling Act and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows: PAR -\GRAPli 1. Cartwright's Town I-Iouse, Inc. , is a corporfltion organized, existing and doing business under and by virtue of the laws of the State of Georgia with its offce and principal place of business located at 104 East Second Avenue, Rome, Georgia. Respondent Cartwright' s Town flanse, Inc., operates a ladies specialty shop under the trade name of The Town House, Inc. , at 104 East Second Avenue, R.ome, Georgia.

Individual respondent, Joyce R.. Lovell, is ll1manager and controls directs and formulates the a,cts, practices, and policies of The Town House, Ine. IIer offce and principal place 01 business is located 104 East Second A venuc, Home, Georgia.

PAR. 2. Subsequent to the effective date of the Textile Fiber Products Identification Act on March 3 1960, respondents hayc been and are now engaged in the introduction, delivery for introduction sale, advertising, and offering for sale, in commerce, and in the transportation or causing to be transported in commerce, and in the importation into the United States, of textile fiber products; and have sold, offered for sale, advertised, delivered, transportee! and caused to be transported, textile fiber products, which have been advertised or offered for sale in commerce; and hate sold, offered for sale, advertised, delivered, transported, a.nd callsed to be transported, after shipment in comnlerce, textile fiber products, either in their original state or contained in other textile fiber products, as the terms ';commerce, and ::tcxtile fiber product" are defined in the Textile Fiber Products Identification Act. PAR. 3. Certain of said textile fiber products 1\ere misbranded by respondents in t.hat they were not stamped, tagged: labeled or otherwise identified with the information required under Section 4. (b) the Textile Fiber Products Identification Act, and in the manner and form prescribed by (he Hules and Hegulations promulgated under said Act.

THE TOVlN HOUSE , IXC. , ET AL. 359 357 Complaint PAR. 4. After certain textile fiber products were shipped in commerce, respondents have removed, or can sed or participated in the removal of, the stamp, tag, label or other identification required by the Textile Fiber Products Identification Act to be aflixed to such products prior to the time such textile fiber products 'were sold and delivered to the ultimate consumer, in violation of Section;) (a) of said Act.

PAR. 5. The acts and practices of respondents as set forth above were, and are, in violation of the Textile Fiber Products Identification Act and the Rules and Regulations promulgated thereunder and constituted, and now constitute, unfair and deceptive acts and practices a,nd unfair methods of competition, in commerce, within the intent and meaning of the Federal Trade Commission Act. PAR. 6. Subsequent to the effective date of the Wool Products Labeling Act of 1939, respondents have introduced into commerce sold, transported, distributed, delivered for shipment, and offered for sale in commerce, as "commerce" is defined in said Act, wool products as "wool product" is defined therein. PAR. 7. Certain of said wool products were misbranded by respondents in that they were not stamped, tagged, labeled or otherwise identified with the information required under Section 4(a) (2) of the 'V 001 Products Labeling Act of 1939 and in the manner and form as required by the Rules and Regulations promulgated under said Act.

PAR. 8. Respondents with the intent of violating the provisions of the ,Vool Products Labeling Act of 1939 have removed or mused or participated in the remontl of t.he stamp, tag, label or other identification required by the 'Wool Products Labeling Act of 1939 to be affxed to wool products subject to the provisions of such Act, prior to the time such wool products were sold and delivered to the ultimate consumer, in violation of Section 5 of said Act. PAR. 9. The acts and practices of the respondents as set forth a.bove in Paragraphs fi, 7 , a,nel S were, and are, in violation of the ,Vaal Products Labeling Act of 1939 and the Rules am) Regulations promulgateu thereunder, and constituted and now constitute, unfair and deceptive ads and practices and unfair methods of competition in commerce within the intent and meaning of the Fec1ern1 Trade Commission Act.

PAR. 10. Subsequent to the eiIective date of the Fur Products Labeling Act on August 9 , 1952, respondents have been a,nd are now r;ngaged in the introduction into commerce and in the sale. advering, and offering for sale, in commerce, and in the transp rtation and distribution, in commerce, of fur products; and have sold, adver- 360 FEDERAL TRADE COMMISSION DECISIOXS Decision G4 Jo.

tised, offered for sale, transported and distributed fur products which have been made in whole or in part of fur which had been shipped and received in commerce as the terms "col1I1erce "fnr and "fur product" are defined in the Fur Products Labeling Act. PAR. 11. Certain of said fur products were misbranded in that they were not labeled with the informrttion required under the provisions of Section 4(2) of the Fur Products Labeling Act and in the manner and form prescribed by the Rules and Regulations promulgated thereunder.

PAR. 12. Certain of said fur products were falsely and deceptively invoiced by respondents in that they w ere not invoiced as required by Section 5(b) (1) of the Fur Products Labeling Act, and in the manner and fornl prescribed by the Rules and Regulations promulgated thereunder, in that respondents failed to issue invoices to purchasers of said fur products containing a.1l the information required under said Act and in the manner and form prescribed by the Rules and Regulations promulgated under said Act. PAR. 13. Respondents have removed or caused or participated in the removal of, prior to the time fur products subject to the provisions of the Fur Products Labeling Act were sold and delivered to the ultimate consumer, labels required by the Fur Products Labeling Act to be affxed to such products, in violation of Section 3(d) of said Act.

PAR. 14. The acts and practices of respondents as alleged in Paragraphs 10, 11, 12 and 13 are in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder and constitute unfair and deceptive acts and practices under the Federal Trade Commission Act.

DECISION AND ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of the Federal Trade Commission Act, the Textile Fiber Products Identification Act, the IV 001 Products Labeling Act of 1939, and the Fur Products Labeling Act, and the respondents haying been served with notice of said determination and \with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondents t1nd counsel for the Commission having therean admis-after executed an agreement containing a consent order, sion 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 THE TOWN HOUSE , H\ , ET AL. 361 357 Order an admission by respondents that the law has been violated as set forth in such complaint, 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 said agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondent, Cartwright's Town House, Inc., is a corporation organized, existing, and doing business under a,nd by virtue of the laws of the State of Georgia, with its offce and principal place of business located at 104 East Second Avenue, in the city of Rome State of Georgia.

Respondent Joyce R. Lovell is manager of The Town House, Inc. and her address is t.he same as that of said corporation. 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 It i8 ordered That respondents Cartwright's Town House, Inc. a corporation trading as The Town IIouse, Inc., or under any other trade name, and its oiJcers, and Joyce R. Lovell, individually and as manager of The Town House, Inc., and respondents' representatives, agents and employees, directly or through any corporate or other device, ill connection with the introduction, delivery for introduction, sale, advertising or offering for sale, in commerce, or in the transportation or causing to be transported in commerce, or the importation into the United States of any textile fiber product; or in connection with the sale, offering for sale, advertising, delivery, transportation or causing to be transported, of any textile fiber product which has been advertised or offered for sale in commerce; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, after shipment in commerce, of any textile fiber product, whether in its original state or contained in other textile fiber products, as the terms "commerce and "textile fibcr product" are defined in the Textile Fiber Products Identification Act do forthwith cease and desist from misbranding textile fiber products by faihng 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. It is furthe1' olde1' That the respondents Cartwright's Town House, Inc. , a corporation, trading as The Town House, Inc. , or 22J- 06D 70--- 362 FEDERAL TRADE COM vnSSIOX DECISIONS Order 64 F. T.

under fmy other trade name and its offcers, and Joyce R. Lovell inc1ividua.lly and as ma,nager of The Town I1o11se, Inc., and respondents' agents, representatives and employees, directly 01' through any corporate or other device, do forthwith cease and desist from removing, causing or participating ill the removal of, the stamp, tag, Jabel, or other identification required by the Textile Fiber Products Identification Act to be affxed to any textile fibcr product, after such textile fiber has been shipped ill commerce and prior to the time such textile fiber product is sold and delivered to the ultimate consumer.

I t is fU1'the?' ordered That respondents Cfl.rt Tjghfs crown House Inc., a corporation, trading as The Town House, Inc. or under any other trade name, and its offcers, and Joyce R.. Lovell, individually and as manager of The Town IIousc, Inc., and respondents' agents representatives and employees, directly or through any corporate or other device in connection with the introduction into commerce, or the offering for sale, sale, transportation or deli"\ ety for shipment in commerce of any "\"\001 products as "wool prouuct" and "commerce" are defined in the ,1'001 Products Labeling Act of 1939 , do fort1nvith cease and desist from failing to securely affx to or place on each product, a stamp, tag, label, or other means of identifica tion sho\fing in a clear and conspicuous manner each element or information required to be disclosed by Section 4 (a) (2) of the Wool Products Labeling Act of 1939.

I t is further ordered That respondents Cartwright's Town House, Inc., a corporation, trading as The Town House, Inc., or undei' ar,y other trade name, and its offcers, and Joyce R. Lovell, individually and as manager of The Town House, Inc., and respondents' agents represe,ntatives, and employees, directly or through any corporate or other device, do forthwith cease and desist frmn removing, causing or pa.rticipating in the removal of any stamp, tag, htbel, or other means of identification affxed to any \fool product subject to the provisions of the .W 001 Products Labeling \ct of 1939 with intent to violate' the provisions of the said Act.

It;'8 , hrl'thp'l ordered That respondents Carhn'ight's TO\\l1 I-louse, Inc. , a corporation trading as The To\\.n Honse, Inc., or under any other trach name, and its offcers, and Joyce' R. Lovell, indivi(lually and as manager of The TO\fn IIouse, Inc., and respondents' agents representatives and employees, directly or through any corporate or other device, in connection with the introduction into commerce, or the offering for sale, sale., advertising, transportation or distribution in commerce, of any fur product; or in connecrion with t.he sale , . , AMERICAI\ SERVICE , INC. ) ET AL. 363 357 Syllabus advertising, offering for sale, transportation or distribution of any fur product which has been made in hole or ill part of fur which has been shipped and received in commerce; as :;commerce fur\ and "fur product" are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

A. Iisbranding fur products by failing to affx labels to fur products sho ing in words and figures plainly legible all of the information required to be disclosed by each of the subsections of Section 4(a) of the Fur Products Labeling' Act. B. Falsely or deceptively invoicing fur products by fa.filing to furnish invoices to purchasers of fur products showing in words and figures plainly legible all t.he information required to be disclosed in each of the subsections of Section 5(b) (1) of the Fur Products Labeling Act.

It is further ordered That respondents Cartwright's Town House Inc., a corporation, trading as The Town I-Iouse, Inc., or under any other trade name, and its offcers, and Joyce It. Lovell, indivic1ual1y and as manager of The Town House, Inc., and respondents' agents repre.sentatives, and employees, directly or through any corporate or other device, do forthwith cease and desist from removing, or causing, or participating in the removal of, prior to the time any fur product subject to the provisions of the Fur Product Labeling Act is sold and delivered to the ultimate consumer, any label required by the said Act to be affxed to such fur product. It is further 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