Congress Textile Printers, Inc.

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IN THE MATTER OF CONGRESS TEXTILE PRINTERS, INC., ET AL CONSENT ORDER , ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket C-J021. Complaint, Dec. 1965-Dec "ion. Dec. , 1965 Consent order requiring a New Jersey textile processor to cease using lacquer or other highly flammable substances in processing its net fabrics or textile articles unless clear disclosure is made that such articles are dangerously flammable and unsafe for ordinary use. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that Congress Textile Printers, Inc. , a corporation, and Peter B. Levy and Abraham H. Levy, individually and as officers of said corporation hereinafter referred to as respondents, have violated the provisions of said 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: , is PARAGRAPH 1. Respondent Congress Textile Printers, Inc. a corporation organized, existing and doing business under and by virtue of the laws of the State of New Jersey with its office and principal place of business at 179 Goffe Road, in the city of Hawthorne, State of New Jersey.

Respondents Peter B. Levy and Abraham H. Levy are offcers of the corporate respondent and formulate, direct and control the acts, practices and policies of the said corporate respondent including those hereinafter set forth. Their office and principal place of business is the same as that of the aforesaid corporate respondent. PAR. 2. Respondents are now, and for some time last past, have been engaged in the printing and processing of textile labrics for customers and principals who ship or deliver such textile fabrics in commerce to respondents for such purposes. The aforesaid textile fabrics, when printed or processed by respondents are shipped or delivered from respondents' place of business in the State of New Jersey to respondents' customers or principals or other concerns located in various other States of the United States. Respondents maintain, and at all times mentioned, have maintained, a substantial course of trade in said products in commerce, as "commerce" is defined in the Federal Trade Commission Act. CONGRESS TEXTILE PRINTERS, INC. , ET AL. 1001 1000 Decision and Order PAR. 3. Respondents in printing or processing net fabrics as aforesaid have used and employed lacquers and other materials or substances which are composed of or contain highly flammable materials, including nitrocellulose. Such materials when used in the printing or processing of net fabrics render the said fabrics dangerously flammable and unsafe for ordinary use. At no time do respondents reveal on the aforesaid fabrics or on labels or tags affixed thereto or in any other manner, that such fabrics are dangerously flammable and unsafe for ordinary use. PAR. 4. The failure of respondents to reveal that said fabrics are dangerously flammable and unsafe for ordinary use has had and now has, the tendency and capacity to mislead and deceive respondents' customers or principals and purchasers and prospective purchasers of said fabrics into the false and erroneous belief that said fabrics are safe and suitable for all ordinary uses. Respondents failure to disclose that the said fabrics are dangerously flammable and unsafe for ordinary use is, therefore, to the prejudice of respondents' customers or principals and the purchasing public. PAR. 5. The aforesaid acts and practices of respondents as herein alleged were and are all to the prejudice and injury to the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

DECISION AND ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of the Federal Trade Commission Act, and the respondents having been served with notice of said determination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by respondents of all the jurisdictional facts set forth in the complaint to issue herein, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the law has been violated as set forth in such complaint, and waivers and provisions as required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order:

Decision and Order 68 FTC.

1. Respondent Congress Textile Printers, Inc. , is a corporation organized, existing and doing business under and by virtue of the Jaws of the State of New Jersey with its offce and principal place of business located at 179 Goffe Road, in the city of Hawthorne State of New Jersey.

Respondent Peter B. Levy and Abraham H. Levy are officers of the corporate respondent and their address is the same as that of said corporate respondent.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered That respondents Congress Textile Printers, Inc. a corporation, and its officers, and Peter B. Levy and Abraham H. Levy, individually and as officers of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the printing or processing of net fabrics or textile articles of a similar construction in commerce or in connection with the sale, offering for sale, shipment, distribution, transportation or causing to be transported of net fabrics or textile articles of a similar construction in commerce, as '(commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from using or employing finishes, lacquers, processing materials or substances of any nature whatsoever which are composed of or contain nitrocellulose or any dangerously flammable material or substance in connection with the printing or processing of such net fabrics or textile articles of a similar construction unless respondents clearly and conspicuously disclose on the fabrics or other textie articles or on labels or tags attached thereto and on an invoices, shipping memoranda and other documents relating to the shipment or delivery of such products that such substances or materials render the fabrics or other textile articles dangerously flammable and unsafe for ordinary use: Provided, however That it shan be a defense in any enforcement proceeding instituted hereunder for respondents to establish that such materials or substances, after application to such net fabrics or textile articles of a similar construction, are self extinguishing and win not spread flame after removal of an igniting source.

It is further ordered That the respondents herein shan, within sixty (60) days after service upon them of this order, fie with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order. BEATRICE FOODS CO. 1003 Opinion