Country Tweeds, Inc.

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

mented by this order, be, and it hereby is, adopted as the decision of the Commission.

It is further ordered, That respondents 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 said order.

Commissioner Elman dissenting, and Commissioner Reilly not participating for the reason that he did not hear oral argument.

IN THE MATTER OF

COUNTRY TWEEDS, INC., ET AL.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT

Docket 8085. Complaint, Aug. 24, 1960—Decision, May 21, 1964

Order modifying an order of November 29, 1962, 61 F.T.C. 1250, pursuant to a decision of U.S. Court of Appeals, Second Circuit, 326 F. 2d 144 (7 S.&D. 835), by eliminating from said order paragraph 4 which prohibited respondent from misrepresenting “in any manner” the quality of its cashmere.

MODIFIED ORDER TO CEASE AND DESIST

Respondents having filed in the United States Court of Appeals for the Second Circuit their petition to review and set aside the order to cease and desist issued herein on November 29, 1962; and the court having rendered its decision on January 3, 1964, and having entered its final decree on January 28, 1964, modifying, and as modified, affirming and enforcing said order to cease and desist; and the time for filing a petition for certiorari having expired and no such petition having been filed;

Now, therefore, it is hereby ordered, That the aforesaid order to cease and desist be, and it hereby is, modified in accordance with the said final decree of the Court of Appeals to read as follows:

It is ordered, That respondents, Country Tweeds, Inc., a corporation, and its officers, and Marcus Weisman, individually and as an officer of said corporation, and respondents’ agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of ladies’ cashmere coats or any other merchandise, composed of fabrics of any kind, or products made therefrom, in

Complaint 65 F.T.C.

commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Representing, directly or by implication: a. That a comparative test of a fabric in respondents’ merchandise with another fabric shows that respondents’ fabric is the best quality produced or on the market when the test does not so show.

b. That an altered report of a test, comparative or otherwise, is a true and complete copy or reproduction of the report of such test.

2. Misrepresenting in any manner, by means of a test, comparative or otherwise, the quality of any merchandise offered for sale, sold or distributed by respondents or the quality of the fabric in such merchandise.

3. Misrepresenting the results of a test, comparative or otherwise, involving fabrics in their merchandise by altering the report of the test.

4. Furnishing means and instrumentalities to others whereby they may mislead the public as to any of the matters and things set out above.