IRVING BERGER trading as THE MAC GREGOR TIE COMPANY

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

In tur Marrer or IRVING BERGER rrapine as THE MAC GREGOR TIE COMPANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FED- ERAL TRADE COMMISSION AND TILE TEXTILE FIBER PRODUCTS IDENTIFI- CATION ACTS Docket C-2012. Complaint, Aug. 17, 1971—Decision, Aug. 17, 1971 Consent order requiring a New York City individual who manufactures, sells and distributes textile fiber products, including neckties, to cease misbranding his textile fiber products.

ComMPLAINT 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 Irving Berger, individually and trad- Complaint 79 EVT.C.

ing as The MacGregor Tie Company, hereinafter referred to as respondent, has 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: Paracrapa 1. Respondent Irving Berger is an individual trading as The MacGregor Tie Company, with his office and principal place of business located at 29 West 30th Street, New York, New York. Respondent is engaged in the business of manufacturing, selling and distributing textile fiber products, including but not limited to, neckties.

Par. 2. Respondent is now and for some time last past has been engaged in the introduction, delivery for introduction, manufacture: for introduction, sale, and offering for sale, in commerce, and in the transportation or causing to be transported in commerce, of textile fiber products; and has sold, offered for sale, delivered, transported and caused to be transported, textile fiber products, which have been offered for sale in commerce; and has sold, offered for sale, 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 respondent within the intent and meaning of Section 4(a) of the Textile Fiber Products Identification Act and the rules and regulations promulgated thereunder, in that they were falsely and deceptively stamped, tagged, labeled, invoiced, or otherwise identified as to the name or amount of the constituent fibers contained therein. Among such misbranded textile fiber products, but not limited thereto, were textile fiber products, namely neckties of which contained substantially different amounts and types of fibers than as represented.

Par. 4. Certain of said textile fiber products were misbranded by respondent in that they were not stamped, tagged, labeled, or otherwise identified as required under the provisions of Section 4(b) of the Textile Wiber Products Tdentification Act, and in the manner and form as prescribed by the rules and regulations promulgated wider said Act. oo Among such misbranded textile fiber products, but not limited thereto, were textile fiber products with labels which failed : 1. To disclose the true generic names of the fibers present; and 237 Decision and Order 2. To disclose the percentages of such fibers by weight. Par. 5. The acts and practices of respondent as set forth above were, and are, in violation of the Textile Fiber Products Identification Act and the rules and regulations promulgated thereunder, and consti- _ tuted, and now constitute, unfair methods of competition and unfair and deceptive acts and practices, in commerce, under the F ederal Trade Commission Act.

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 Consumer Protection 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 Textile Fiber Products Identification Act; 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’s rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said Acts, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed 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 Section 2.84(b) of its rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Irving Berger is an individual trading under the name of The MacGregor Tie Company with his office and principal place of business located at 29 West 30th Street, New York, New York. He is engaged in the business of manufacturing, selling and distributing textile products, including, but not limited to, neckties. 2. The Federal Trade Commission has jurisdiction of the subject matter of the proceeding and of the respondent and the proceeding is in the public interest.

Decision and Order 79 F.T.C.

ORDER It ts ordered, That the respondent Irving Berger, individually and trading as The MacGregor Tie Company or under any other name or names, and respoendent’s 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, 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:

1. Falsely or deceptively stamping, tagging, labeling, invoicing, advertising or otherwise identifying any textile fiber product as to the name or amount of constituent fibers contained therein.

2. Failing to affix labels 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.

It is further ordered, That 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.