B & M Sportswear, Inc.

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IN THE MATTER OF B & M SPORTSWEAR, INC., ET AL.

CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket C-1033. Complai nt, Jan. 1.9fi6 Decis' ion, Jan. , 1966 Consent order requiring a Massachusetts manufacturer of men s wool athletic jackets to cease misbranding its jackets and interlinings by failing to disclose on labels their true fiber composition. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that B & M Sportswear, Inc. , a corporation, and Norman Berris and Morris Berris, individually and as offcers of said corporation, hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules B & M SPORTSWEAR, INC., ET AL. 125 124 Complaint and Regulations promulgated under the Wool Products Labeling Act of 1fJ39, 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: PARAGRAPH 1. Respondent B & M Sportswear, Inc., is a corporation organized, existing and doing business under and by virtue of the Jaws of the Commonwealth of Massachusetts. Respondents Norman Berris and Morris Berris are offcers the corporate respondent and formulate, direct and control the acts, practices and policies of the said corporate respondent including those hereinafter set forth.

Respondents are manufacturers of men s wool athletic jackets with their offce and principal place of business Jocated at 80 Border Stred, East Boston, Commonwealth of Massachusetts. PAR. 2. Subsequent to the effective date of the Wool Products Labeling Act of IfJ39, respondents have manufactured for introduction into commerce, introduced into commerce, sold, transported, distributed, delivered for shipment, shipped, and offered for sale in commerce, as "commerce" is defined in said Act, wool products as "wool product" is defined therein. PAR. 3.. Certain of said wool products were misbranded by the respondents within the intent and meaning of Section 4 (a) (1) of the Wool Products Labeling Act of 1939 and Rules and Regulations promulgated thereunder, in that they were falsely and deceptively stamped, tagged, labeled or otherwise identified with respect to the character and amount of the constituent fibers contained therein.

Among such misbranded wool products, but not limited there- , were men s athletic jackets stamped, tagged, labeled, or otherwise identified by respondents as "100% reprocessed wool" whereas in truth and in fact, said products contained substantially different fibers and amounts of fibers than represented. PAR. 4, Certain of said wool products were further misbranded by respondents in that they were not stamped, tagged, labeled, or otherwise identified as required under the provisions of Section 4 (a) (2) of the Wool Products Labeling Act of 1fJ39 and in the manner Lnd form as prescribed by the Rules and Regulations promulgated under said Act.

Among such misbranded wool products, but not limited thereto were wool products with labels on or affxed thereto which failed to disclose:

Decision and Order 69 F.

(a) The percentage of the total fiber weight of the said wool product, exclusive of ornamentation not exceeding 5 % of the total fiber weight, of (1) wool; (2) reprocessed wool; (3) reused wool; (4) each fiber other than wool, present in the wool product when said percentage by weight of such fiber was 5% or more; and (5) the aggregate of al1 other fibers. Also among such misbranded wool products, but not limited thereto, were wool products without labels setting forth the information required by the Wool Products Labeling Act of 1939 and the Rules and Regulations promulgated thereunder. PAR. 5. Certain of said wool products were misbranded in violation of the Wool Products Labeling Act of 1939 in that they were not labeled in accordance with the Rules and Regulations promulgated thereunder in the following respects: (a) Certain wool products composed of two or more sections which were recognizably distinct and of different fiber composition, were not labeled in such a manner as to disclose the fiber composition of each section, thereof, in violation of Rule 23 (b) of the aforesaid Rules and Regulations.

(b) The fiber content of the interlining contained in garments was not set forth separately and distinctly as a part of the required information on the stamps, tags, labels or other marks of identification, in violation of Rule 24 (b) of the aforesaid Rules and Regulations.

PAR. 6. The acts and practices of the respondents as set forth above were, and are in violation of the Wool Products Labeling Act of 1939 and the Rules and Regulations promulgated thereunder, and constituted, and now 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.

DECISION AND ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of the Wool Products Labeling Act of 1939 and the Federal Trade Commission Act, and the respondents having 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 and counsel for the Commission having thereafter executed an agreement containing a consent order, an ad- B & M SPORTSWEAR, INC., ET AL. 127 124 Order mission by respondents of all the jurisdictional facts set forth 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 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 B & M Sportswear, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the Commonwealth of Massachusetts, with its offce and principal place of business located at 80 Border Street, East Boston Commonwealth of Massachusetts.

Respondents Norman Berris and Morris Berris are offcers of the said corporation and their address is the same as that of the said corporation.

2. The Federal Trade Commission has jurisdiction of the suband the iect matter of this proceeding and of the respondents, proceeding is in the public interest.

ORDER It is ordered That respondents B & M Sportswear, Inc., a corporation, and its offcers, and Norman Berris and Morris Berris, 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, delivery for shipment or distribution in , as commerce, of woolen athletic jackets or other wool products commerce" and "wool products" are defined in the \Vaal Products Labeling Act of 1939 , do forthwith cease and desist from misbranding such products by:

1. Falsely and deceptively stamping, tagging, labehng or otherwise identifying such wool products as to the character or amount of the constituent fibers contained therein. 2. Failing to securely affx to, or place on, each such wool product a stamp, tag, label 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.

Complaint 69 F.

3. Failng to disclose by sections and to separately set forth on the required stamps, tags, labels or other marks of identification affxed to wool products composed of two or more sections of different fiber content, the character and amount of the constituent fibers contained in each section of such wool products.

4. Failng to set forth the fiber content of interlinings contained in garments separately and distinctly as part of the required information on the stamps, tags, labels or other marks of identification of such garments. It is further OTdered That the respondents herein shah, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detajj the manner and form in which they have complied with this order.