Morris Beckerman Woolen Co
Volume 77 · 77 F.T.C. 1155
product labelingdeceptive advertising
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Morris Beckerman Woolen Co, 77 F.T.C. 1155 (1970). Consumer Law Library, https://consumerlawlibrary.org/decisions/v077-0148
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In Toe Marrer or MORRIS BECKERMAN rrapine as MORRIS BECKERMAN WOOLEN Coo.
CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF TEE FED- ERAL TRADE COMMISSION AND THE WOOL PRODUCTS LABELING ACTS Docket C-1782. Complaint, Aug. 13, 1970—Decision, Aug. 13, 1970 Consent order requiring a New York City individual trading as a wool wholesaler to cease misbranding his woolen products. 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 Morris Beckerman, an individual trading as Morris Beckerman Woolen Co., hereinafter referred to as respondent has 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: . Paracrapn 1. Respondent Morris Beckerman is an individual Complaint TT ET.C.
trading as Morris Beckerman Woolen Co. with his office and principal place of business located at 270 West 39th Street, New York, New York.
Respondent is a wholesaler of wool products. Par. 2. Respondent is now and for some time last past has introduced into commerce, sold, transported, distributed, delivered for shipment, shipped, and offered for sale in commerce, as “commerce” is defined in the Wool Products Labeling Act of 1939, wool products as “wool product” is defined therein.
Par. 8. 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 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 wool products stamped, tagged, labeled, or otherwise identified by respondents as 100 percent Wool, whereas in truth and in fact, said products contained woolen fibers together with 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 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, was a wool product with a label on or affixed thereto which failed to disclose the percentage of the total fiber weight of the said wool product, exclusive of ornamentation not exceeding 5 per centum of the 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 respondent 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 meaning of the Federal Trade Commission Act. AVR AVAUAN aed Ue esewerenns oe eH 1155 Decision and Order DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent 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 respondent with violation of the Federal Trade Commission Act and the Wool Products Labeling Act of 1939; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent 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 respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission Rules; and The Commission having thereafter considered the matter and having determined that it has reason to believe that the respondent has violated the said Acts, and the complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public records for a period of thirty (30) days, now in further conformity with the procedure prescribed in § 2.84(b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1. Respondent Morris Beckerman is an individual trading as Morris Beckerman Woolen Co., with his office and principal place of business located at 270 West 39th Street, New York, New York. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.
ORDER It is ordered, That respondent Morris Beckerman, individually and trading as Morris Beckerman Woolen Co. or under any other name, and respondent’s representatives, agents and employees, directly or through any corporate or other device, in connection with the 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 Order TT KT.C.
defined in the Wool Products Labeling Act of 1939, do forthwith cease and desist from misbranding such products by: 1. Falsely and deceptively stamping, tagging, labeling, or otherwise identifying such products as to the character or amount of the constituent fibers contained therein. 9, Failing to securely affix 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 is further ordered, That the respondent herein shall, within sixty (60) days after service upon him of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which he has complied with this order.