0" UNITED STATES OF AMERICA

.£ti.~ FEDERAL TRADE COMMISSION

.600 PENNSYLVANIA AVENUE, NW I

~. .WASHINGTON, D.C. 20580 '-

Division of Enforcement

Bureau of Consumer Protection

November 2, 2001

Mr. Daniel J. Schwarz, CFO

Deanna Dee Inc.

336 South Anderson Street

Los Angeles, California 90033

Dear Mr. Schwartz:

I am writing in response to your letter of October 30, 2001, with regard to fabric

purchased by your finn for the manufacture of coats. You state that the fabric received by your

company was labeled to be 50% cashmere, 50% wool. You had the fabric tested, and the test

report showed the content to be 58.5% wool, 41.5% cashmere. You asked whether this fabric,

and goods to be made from the fabric, can be labeled properly as 50% cashmere, 50% wool.

The deviation described in your letter is not the small amount of variation generally

considered acceptable for blended fiber products. The Rules and Regulations under the Textile

Fiber Products Identification Act, 16 C.F .R. § 303.43, allow for a 3% variation for blended fiber

textile products. The Wool Products Labeling Act, 15 U .S.C. § 68 et seq., and rules promulgated

pursuant to the Act, 16 C.F .R. Part 300, do not specify a tolerance for blended wool products. As

you noted, however, the Wool Act does contain a proviso acknowledging that small deviations

may occur as a result of unavoidable variations in the manufacturing process, despite the exercise

of due care. As a result, the Commission has stated that it will apply to blended wool products

the 3% tolerance allowed for other blended textile products. See the enclosed copy of our

business guide, Threading Your Was Through the- Labeling Requirements Under the Textile and

Wool Acts.

I hope that you will find this analysis helpful. In accordance with Section 1.3( c) of the

Commission's Rules of Practice and Procedure, 16 C.F.R. § 1.3(c), this is a staff opinion only

and has not been reviewed or approved by the Commission or by an individual Commissioner.

It is not binding upon the Commission and is given without prejudice to the right of the

Commission later to rescind the advice and, when appropriate, to commence an enforcement

proceeding. Pursuant to Section 1.4 of the Commission's Rules of Practice and Procedure,

16 C.F .R. § 1.4, your request for advice, along with this response, will be placed on the public

record.

Sincerely yours,

{l~~,e<j ~71e~~~~ ~..a/

Carol J. Jennings

Enc.
10-30-201 11 : 45AM FROM FLEURETTE-DEANNA-DEE 323 269 5800 P.1

DEANNA DEE, INC.

ManU!QL'turer of Ladit:~: Coats

336 South Anderson Street

Los An,gcles, California 90033

Telephone: (323) 269-5600

Fax: (323) 269-5800

October 30,2001

federal Trade Commission

600 Pennsylvania Ave. NW

Washington PC 20580

Attn: Ms Carol Jennings

.FAXED TO: (202) 326-2558

Dear Ms. Jennings:

Regarding our telephone conversation of this momiug, we wol,lld appreciate your

comments on the following facts:

We are a coat manufacturer and received piece goods labeled 50% Cashmere and 50%

Wool from the mitl. After having the fabric tested we were informed that the fabric was

41.5 % Cashmere an 8.50/1) deviation. (Copy of lab the lab test is attached).

Upon receiving this inforrritttion we contacted the mill and they responded by saying it

was not miss labeled. As proof, they sent us a copy of your letter to Mr. Bartmess (Copy

enclosed). Since your letter refers to " the presence of Small p;ercenta&e of wool'> it

would s~em to us that an 8.5% deviation would not fall under this exception nor would it

fall under the proviso stated at the top of page 2 of your letter dated October 3, 2001.

That pa,ragraph stated "that if the deviation of the fiber contents of the wool product from

percentages stated on the stamp, tag, label, or other means of identification, shall not be

misbranding under this section if the person charged with misbranding proves such

deviation resulted from unavoidable variations in the manufacture and despite the

exercisc of due care to make accurate the statement on such ,ortarnp, tag, label or other

means of identification."
10-30-201 11 :45AM FROM FLEURETTE-DEANNA-DEE 323 269 b~~~ ~.L

I

Ms. Caroi Jennings

Page 2

We would appreciate your comments as to whether or not an 8.5% deviation would fall

under any of the provisos that the item is not misbranded.

Please mail your reply to me at 336 $0. Anderson St. Los Angeles Ca 90033

and as time is an issue, please fax a copy to me in New York at (212) 315-1839, as 1 will

be at that number From November 1 through November 5,2001.

Thank you in advance for your help with this matter and your speedy reply.

.

Deanna Dee Inc.

By Daniel J. Schwarz, CPO

,
.10-30-201 

11 :4.6AM FROM FLEURETTE-DEANNA-DEE 323 269 5800 -P.3

.A~ 162 A 6868 Oct 28 20el 07:05PM P02 I

FROM : P~nasonl c TRD/FRX PHONE NO. .~~ ~ .

K.D. Langl~ fiber Services ~: t! 4 &~~~.,..t:..t ~ 9g- -Q() /.?i

-

P.O. ..7. ~ RI 0287t .T--=-~-. ('111) 81"'.

~

October 27, 2UOJ

Ms. Stcphanie laPedis

Deal1n8 Dee. Inc.

336 South Andcrson Stroot

..~. J..os Ang:eles, CA 90033

RL'port on the QuDntirativc )fiber An81YKis of Finished F.bric

,

Material Submitted .-

_~atchc~ color b]~c:k, 8ubn~iUed on (>ct('Iber 22. 2001.

I..bur.tor)' P~eedun .

Dye was removed from ute samples with II stripping Itgcnl. Then fjbet~ wcr~ ~ectiOnN

with a fiber cutter W1d Innunted on ft'liCft1SCOpe slides. Over t 000 fibof;.; wcrc id~.'tific:\1

Iising light micl'OscOPY at a magnificatinn of250.400X. All tosting W&$ p0rfonnQ} i)J

accordance with te.~t method AA TCC 20- J 999 &nd AS 1M 0629-95.

ReluJt~

.S"wat(:Jr # I contains 1 008/.. ,,",bIDeR- J Iowc~~r it is Qut of sp_~i ficat.i()n~ with regard it)

cnaT~e hair c()ntent.: it c\)I}tains 9S.6% cu,iJllDCrC d()WI1, 4.4% ca~hmerc C()lifSC hotir

(>30 ~n1), 'luis e~cccds the AS1"M f> 2817-91 limit of 3% by wcight, .!bi~ J~vcl ofhuir

itl~o caus~~ thc saml,le to have a djafl'l~ter coe{}icicn1 \)fysriativn of 26_8% v~. the

C~:)mncre and C:amel hai'llimit of 24%.

.\;."ufch 1i/ contains S"-~% wonl, .1.~8/Q ~.8bmerr. tracc level (appY\)X, 0.5%) silk.

;;(

Sincc:r~J)I }'ours"-/ /

~L :J1. .i-7°.',

Kenneth D, J..ang1cy

c-wuII"8 '" FIber .ra T... ~

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