United States Supreme Court Cases & Opinions

U.S. Supreme Court

FTC v. Winsted Hosiery Co., 258 U.S. 483 (1922)

Federal Trade Commission v. Winsted Hosiery Company

No. 333

Argued March 13, 14, 1922

Decided April 24, 1922

258 U.S. 483

Syllabus

1. Findings of fact made by the Federal Trade Commission are conclusive when supported by evidence. P. 258 U. S. 491.

2. A manufacturer's practice of selling underwear and other knit goods made partly of wool but labeled as "natural merino," "natural worsted," "natural wool" and with other like terms taken by a substantial part of the consuming public and sometimes in the retail trade as indicating pure wool fabrics, with the result of misleading part of the public into buying, as all-wool, garments made largely of cotton and of aiding and encouraging misrepresentations by unscrupulous retailers and their salesmen, is an unfair method of competition as against manufacturers of like garments made of wool or wool and cotton, who brand their products truthfully, and is subject to be suppressed under § 5 of the Federal Trade Commission Act. P. 258 U. S. 491.

3. Such a method of competition, inherently unfair, does not cease to be so because competitors become aware of it or because it

Page 258 U. S. 484

become so well known to the trade that retailers, as distinguished from consumers, are no longer deceived by it. P 258 U. S. 493.

272 F.9d 7 reversed.

Certiorari to review a decree of the circuit court of appeals setting aside an order of the Federal Trade Commission under § 5 of the Act of September 26, 1914, C. 311, 38 Stat. 719.

Page 258 U. S. 490