Federal Register - October 23, 1940
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Fuente: Federal Register
FEDERAL REGISTER, Wednesday, October 23, 1940
This proceeding having been heard1
by the Federal Trade Commission upon the complaint of the Commission, the answer of the respondents, and an agreed statement of facts entered in the record herein in lieu of testimony or other evi dence, which agreed statement also waived the filing of briefs and all other intervening procedure; and the Commis sion having made its findings as to the facts and its conclusion that said respondents have violated the provisions of the Federal Trade Commission Act;
It is ordered, T hat the respondents, Meyer Brodie and Morris White, individ ually and trading as M & M Bag and Suitcase Company, or trading under any other name, their representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and dis tribution of traveling bags, suitcases and other luggage in commerce, as com merce is defined in the Federal Trade Commission Act, do forthwith cease and desist from:
1 Representing that traveling bags, suitcases or other articles of luggage made of buffalo leather, are made of walrus leather;
2 Representing that any traveling bag, suitcase or other article of luggage is made of any specified material, when such traveling bag, suitcase or other article of luggage is not in fact made of the material specified.
It is fu rther ordered, T hat the re spondents 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.
By the Commission.
seal
O t is B. J ohnson, S ecretary.
F. R. Doc. 40-4444; Filed, October 21, 1940;
1:23 p. m.
Docket No. 4204
I n the M atter of S iegel -K ahn C ompany, I nc., E tc .
3.6 c Advertising falsely or m islead inglyComposition o f goods: 3.66 a7
Misbranding or m islabelingCom posi tion. Representing, in connection with offer, etc., in commerce, of undergar ments, that respondents products are composed of fibers or materials other than those of which such products are actually composed, or that any garment or fabric contains a stated percentage of wool, unless such garment or fabric does in fact contain wool in the proportion stated, prohibited. Sec. 5, 38 Stat. 719, as amended by sec. 3, 52 Stat. 112; 15
U. S. C., Supp. IV, sec. 45b Cease and desist ordr, Siegel-Kahn Company, Inc., etc., Docket 4204, October 9, 1940
15 F J. 1441.
3.6 c Advertising falsely or m is leadinglyCom position o f good s: 3.71
a Neglecting, unfairly or deceptively, to m a ke m aterial disclosureCom posi tion. Advertising, etc., in connection with offer etc., in commerce, of undergar ments, garments or fabrics composed in while otin part of rayon, without clearly disclosing the fact that such garments or fabrics are composed of rayon, prohib ited; subject to the provision that when such garments or fabrics are composed in part of rayon and in part of other fibers or materials, such fibers or materials, in cluding rayon, shall be named in the order of their predominance by weight, beginning with the largest single con stituent. Sec. 5, 38 Stat. 719, as amended by sec. 3, 52 Stat. 112; 15 U.S.C., Supp. IV, sec. 45b Cease and desist order, Siegel-Kahn Company, Inc., etc., Docket 4204, October 9, 1940
3.66 a 7 M isbranding or m islab elingC om position: 3.96 a 1 Using m isleading n am eG oodsComposition.
Using, in connection with offer, etc., in commerce, of undergarments, the term Woolywarms or any other term con taining the word wool, to designate, describe, or refer to any garment or fab ric which is not composed entirely of wool, prohibited; subject to the provision, however, that such terms may be used to designate or describe any garment or fabric composed of wool and other m a terials when the true percentage of wool contained therein is clearly and ade quately disclosed. Sec. 5, 38 Stat. 719, as amended by sec. 3, 52 Stat. 112; 15
U.S.C., Supp. TV, sec. 45b Cease and desist order, Siegel-Kahn Company, Inc., etc., Docket 4204, October 9, 1940
3.18 Claim ing indorsem ents or testi m onials fa lsely : 3.66 c M isbrand ing or m islabelingIndorsem ents or aw ards: 3.66 k 1 M isbranding or m islabelingSource or origin Doc tors supervision: 3.96 a 9 Using m isleading n am e G oods Source or origin D octors supervision. Using, in connection with offer, etc., in commerce, of undergarments, the word Doctor or Dr. to designate or describe any gar ment or fabric which has not in fact been designed, recommended or approved by physicians, prohibited. Sec. 5, 38
Stat. 719, as amended by sec. 3, 52 Stat.
112; 15 U.S.C., Supp. IV, sec. 45b Cease and desist order, Siegel-Kahn Company, Inc., etc., Docket 4204, October 9,1940
3.6 a 22 Advertising falsely or m isleadinglyBusiness status, advan
tages or connections o f advertiserP ro ducer status o f d ealer o r sellerM anu fa ctu rer: 3.96 b 5 Using m islead ing n am eV endorP roducer or labora tory status o f d ealer or seller. Using, in connection with offer, etc., in commerce, of under garments, the word Mills or Mill as a part of respondents trade name or names, or otherwise represent ing that respondent owns or operates a I mill or that respondent manufactures
4189
ihe products sold by it, prohibited.
Sec. 5, 38 Stat. 719, as amended by sec.
3, 52 Stat. 112; 15 U.S.C., Supp. IV, sec.
45b Cease and desist order, SiegelKahn Company, Inc., etc., Docket 4204, October 9, 1940
I n the M atter of S iegel -K ahn C om
pany, I nc., a C orporation, D oing B u s i
ness U nder T hat Name and as M ansh ire M il l s and as S nugintucks M ill s ORDER TO CEASE AND D E S IS T
At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 9th day of October, A. D. 1940.
This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of the respondent, in which answer respondent admits all the m a terial allegations of fact set forth in said complaint, and states that it waives all intervening procedure and further hearing as to said facts, and the Com mission having made its findings as to the facts and conclusion that said re spondent has violated the provisions of the Federal Trade Commission Act;
It is ordered, That the respondent, Siegel-Kahn Company, Inc., a corpora tion, trading under that name and under the names Manshire Mills and Snugintucks Mills, or trading under any other name or names, its officers, representa tives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of undergarments in commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from:
1. Representing t h a t respondents products are composed of fibers or ma terials other than those of which such products are actually composed;
2. Representing that any garment or fabric contains a stated percentage of wool unless such garment or fabric does in fact contain wool in the proportion stated;
3. Advertising, offering for sale, or sell ing garments or fabrics composed in whole or in part of rayon, without clearly disclosing the fact that such garments or fabrics are composed of rayon, and when such garments or fabrics are composed in part of rayon and in part of other fibers or materials, such fibers or mate rials, including rayon, shall be named in the order of their predominance by weight, beginning with the largest single constituent;
4. Using the term Woolywarms or any other term containing the word wool to designate, describe or refer to any garment or fabric which is not com posed entirely of wool, provided, however, that such terms may be used to desig nate or describe any garment or fabric composed of wool and other materials