Sol Tamny Co., Inc.

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

I;- THE MATTER SOL TAMNY CO. IKC. , TRADING AS IlCFFIELD CLOTHES ET AL.

CONSENT ORDER, ETC., n; REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION A:-D THE WOOL PRODUCTS LABELING ACTS Docket C-1228. Complaint, June 1967-Decision, June, 1967 Consent order requiring a New York City clothing manufacturer to cease misbranding its wool products.

COMPLAI:-T 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 Sol Tamny Co., Inc., a corporation, trading as Duffeld Clothes, and Sol Tamny, individually and as an offcer of said corporation, hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules and I,egulations promulgated under the Wool Products Labeling Act of 1939, 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 Sol Tamny Co. Inc. , trading as Duffield Clothes, is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York. Respondent Sol Tamny is an offcer of the corporate respondent. He formulates, directs and controls the acts, practices and policies of the said corporate respondent including those hereinafter set forth.

Respondents are manufacturers of wool products with their offce and principal place of business located at 104 Fifth A venue, New York, ::ew York.

PAR. 2. Respondents now, and for some time last past, 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 Wool Products Labeling Act of 1939, wool products as "wool product" is defined therein.

PAR. 3. Certain of said wool products were misbranded by re- U\10 FEDERAL TRADE COMMISSION DECISIONS Decision and Order 71 F. spondents within the intent and meaning of Section 4 (a) (1) of the Wool Products Labeling Act of 1939 and the 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 thereto were certain coats stamped, tagged, labeled, or otherwise identified as containing "100 % Wool" whereas, in truth and in fact said coats contained a substantial amount of fibers other than wool.

PAR. 4. Certain of said wool producte 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 1939 and in the manner and form as prescribed by the Rules and Regulations promulgated under said Act. Among such misbranded wool products, but not limited thereto were certain coats with labels on or affxed thereto, which failed to disclose the percentage of the total fiber weight of the wool product, exclusive of ornamentation not exceeding 5 per centum of said total fiber weight of (1) wool; (2) reprocessed wool; (3) reused wool; (4) each fiber other than wool when said percentage by weight of such fiber was 5 per centum or more; and (5) the aggregate of all other fibers.

PAR. 5. 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 methods of competition and unfair and deceptive acts and practices in commerce, within the intent and meaning of the Federal Trade Commission Act.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of complaint which the Bureau of Textiles and Furs proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondents with violation of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939; and The respondents and counsel for the Commission having there- DUFFIELD CLOTHES ET AL. 1311 1309 Order after executed an agreement containing a consent order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by the respondents that the law has been violated as alleged in such complaint, and waivers and provisions as required by the Commission s rules; and The Commission, having reason to believe that the respondents have violated said Acts, and having determined that complaint should issue stating its charges in that respect, hereby issues its complaint, accepts said agreement, makes the following jurisdictional findings, and enters the following order: 1. Respondent Sol Tamny Co. Inc., trading as Duffeld Clothes 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 104 Fifth Avenue, in the city of New York, State of New York. Respondent Sol Tamny is an offcer of said corporation and his address is the 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 'is ordered That respondents Sol Tamny Co. , Inc. , a corporation, trading as Duffeld Clothcs, or under any other name or names, and its offcers, and Sol Tamny, individually and as an offcer 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, distribut.ion, delivery for shipment or shipment, in comnlerce, of wool products, as "commerce " and "wool product" are defined in the Wool 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 securely affx to or place thereon a stamp, tag, label, or other means of identification correctly 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 71 F.

It is JUTther 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 and form in which they have complied with this order.