Transamerican Spinning Mills, Inc., et al.

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IN THE MATTER OF TRAKSAMERICAC\ SPIXNIKG :'vIILLS INC. ET AL. CONSENT ORDER, ETC., I); REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket C-1243. Complaint, June 30, 196/-Decision, June 30, 1967 Consent order requiring a Fall River, Mass. , manufacturer of Ivoolen goods 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 Com- TRANSAMERICAN SPINNI:G MILLS I:C. ET AL. 1553 1552 Complaint mission, having reason to believe that Transamerican Spinning 2'ils, Inc., a corporation, and Charles S. Weinstein, individually and as an offcer of said corporation, hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules and Regulations 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 Transamerican Spinning Mils, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the Commonwealth of Massachusetts. Individual respondent Charles S. Weinstein is an offcer of said corporate respondent. He formulates, directs and controls the acts practices and policies of said corporation including the acts and practices hereinafter referred to.

Respondents are manufacturers of wool products (yarn) with their offce and principal place of business located at 18 Martine Street, Fall River, :YIassach usetts, with their mailing address being Post Offce Box 152, Flint Station, Fall River, Massachusetts, 02723.

PAR. 2. Respondents now, and for sometime last past, have manufactured for introducbon into commerce, introduced into commerce, sold, transported, distributed, delivered for shipment shipped, and offered for sale, in commerce, as Hcommerce " is defined in the Wool Products Labeling Act of 1939 , wool products as wool product" is defined therein.

PAR. 3. Certain of said wool products were misbranded 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 wool products, namely, yarns, which contain substantially different amounts and types of fibers than sel forth on the labels thereto affxed.

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 1939 and in the manner and form as prescribed by the Rules and Regulations promulgated under said Act.

Decision and Order 71 F.

Among such misbranded wool products, but not limited thereto were certain wool products, namely, yarn, 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, ,vauld 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 thereafter 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 settement 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, mal,", the following jurisdictional findings, and enters the following order: 1. Respondent Transamerican Spinning lVlills, 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 18 Martine Street, Fall TRANSAMERICAN SPI!\NING, MILLS, INC. , ET AL. 1555 1552 Order River, Massachusetts, with its mailing address being Post Offce Box 152, Flint Station, Fail River, Massachusetts, 02723. Respondent Charles S. Weinstein is an offcer of said corporation and his offce, mailing address and principal place of business 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 o?'dered That respondents Transamerican Spinning Mils Inc. , a corporation, and its offcers, and Charles S. Weinstein individual1ly 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, distribution, delivery for shipment or shipment, in commerce, 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 on, each such 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.

It 'if further onlered That the respondents herein shall, within sixty (60) days after service upon them of this order, fie with the Commission a report in writing- setting forth in detail the manner and form in which they have complied with this order. 1556 FEDERAL ,TRADE COMMISSION DECISIONS Complaint 71 F. T.