Magid Mfg. Co., Inc

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IN THE MATTER OF -MAGID MFG. CO., INC., TRADING As MAGID GLOVE. MFG. CO., INC.,. ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED. VIOLATION OF: THE FEDERAL TRADE COMMISSION AND THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACTS Docket C-1534. Complaint, May 16, 1969—Decision, May 16, 1969 Consent. order requiring a Chicago, Il,, manufacturer of industrial work gloves to cease misbranding its textile fiber products. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Identification Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Magid Mfg. Co. Ine., a corporation, also trading as Magid Glove Mfg. Co. Inc., and Abe Cohen, individually and as an officer of said corporation, hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules and Regulations promulgated under the Textile Fiber Products Identification 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: PARAGRAPH 1. Respondent Magid Mfg. Co. Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of Illinois. Its office and principal place of business is. located at 2201 West Wabansia, Chicago, Illinois. Respondent corporation also trades as Magid Glove Mfg. Co. Inc. Respondent Abe Cohen is an officer of said corporate respondent. He formulates, directs and controls the acts, practices and policies of said corporate respondent. His address is the same of that of said corporation.

Respondents are manufacturers of industrial work gloves. Par. 2. Respondents are now and for some time last past have been engaged in the introduction, delivery for introduction, manufacture 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, MAGID GLOVE MFG. CO., INC., ET AL. 809 808 Decision and Order advertised, delivered, transported and caused to be transported, textile fiber products,- which have been advertised.or offered for sale in commerce; .and have sold, offered for sale, advertised, delivered, transported and. caused. to. be transported, after shipment in commerce, textile. fiber products, either in their original state or contained in other textile fiber products; as the terms “commerce” and “textile fiber product”? are defined in the Textile Fiber Products Identification Act. .

Par. 3. Certain of said textile fiber products were misbranded by respondents in that they were not stamped, tagged, labeled, or otherwise identified to show each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act, in the manner and form prescribed. by the Rules and Regulations promulgated under said Act. Among such textile fiber products were. numerous industrial work gloves without labels or with labels which failed to disclosed the percentage of fibers present. Par. 4. Certain of said textile fiber products were misbranded in violation of the Textile Fiber Products Identification Act: in that they were not labeled in accordance with the Rules and Regulations promulgated thereunder in that all parts of the required information: were not set out conspicuously and _ se- ’ parately on the same side of the label in such a manner as to be clearly legible and readily accessible to the prospective purchaser, and all parts of the fiber content did not appear in type or lettering of equal size and conspicuousness in violation of Rule 16(b) of the aforesaid Rules and Regulations. 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, in commerce, under 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 Commis- Decision and Order; 75 F.T.C.

sion Act and the Textile Fiber Products Identification Act; 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 settlement purposes only and does not constitute an admission by respondents that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission’s Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have violated the said Acts, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of thirty (30) days, now in further conformity with the procedure prescribed in § 2.34(b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Magid Mfg. Co. Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of Illinois, with its office and principal place of business located at 2201 West Wabansia, Chicago, Illinois. Respondent corporation also trades as Magid Glove Mfg. Co. Ine. Respondent Abe Cohen is an officer 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 Magid Mfg. Co. Inc., a corporation, also trading as Magid Glove Mfg. Co. Inc., or under any other name or names and its officers, and Abe Cohen, individually and as an officer of said corporation, and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, delivery for introduction, manufacture for introduction, sale, advertising, or offering for sale, in commerce, or 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, BRILLO MANUFACTURING CO., INC. 8il 808 Syllabus 95 F.T.C.

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 fiber product” are defined in the Textile Fiber Products Identification Act, do forthwith cease and desist from:

A. Misbranding textile fiber products by failing to affix a stamp, tag, label, or other means of identification to each such product showing in a clear, legible and conspicuous manner each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act.

B. Failing to set out all parts of the required information on the same side of the label in such a manner as to be clearly legible and readily accessible to the prospective purchaser and in type or lettering of equal size and conspicuousness.

It is further ordered, That the respondent corporation shall forthwith distribute a copy of this order to each of its operating divisions.

lt 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 and form in which they have complied with this order.