Guild Mills Corporation
Volume 69 · 69 F.T.C. 1064
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Guild Mills Corporation, 69 F.T.C. 1064 (1966). Consumer Law Library, https://consumerlawlibrary.org/decisions/v069-0083
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IN THE MATTER OF GUILD MILLS CORPORATION ET AL.
CONSENT ORDER, ETC. , 1:- REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-l078. Complaint, June 19BO-Decision, June 27, 1966 Consent order requiring a Laconia, N. , textile importer to cease importing Or sellng any highly flammable iabric dangerous to the individual wearer.
COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Flammable Fabrics Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, hav- GUILD MILLS CORP. ET AL. 1065 1064 Decision and Order ing reason to believe that Guild Mills Corporation, a corporation and Lawrence W. Guild, individually and as an offcer of the said corporation, hereinafter referred to as respondents, have violated the provisions of said Acts, and the Rules and Regulations promulgated under the Flammable Fabrics 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 :
PARAGRAPH 1. Respondent Guild MiJs Corporation, is a corporation organized, existing and doing business under and by virtue of the Jaws of the State of New Hampshire. Respondent Lawrence W. Guild is the President and Treasurer of the said corporate respondent and he formulates, directs and controls the acts practices and policies of said corporation. The respondents are engaged in the sale and distribution of fabrics, with their offces and principal place of business located at 90 MiJ Street, Laconia, New Hampshire.
PAR. 2. Respondents, subsequent to July 1 , 1954, the effective date of the Flammable Fabrics Act, have sold and offered for sale, in commerce; have imported into the United States; and have introduced, delivered for introduction, transported, and caused to be transported, in commerce; and have transported and caused to be transported for the purpose of sale or delivery after sa.le, in commerce; as "commerce" is defined in the Flammable Fabrics Act, fabric, as that term is defined therein, which fabric was, under Section 4 of the Flammable Fabrics Act, as amended so highly flammable as to be dangerous when worn by individuals.
PAR. 3. The aforesaid acts and practices of respondents were and are in violation of the Flammable Fabric Act and the Rules and Regulations promulgated thereunder, and as such constitutes unfair methods of competition and unfair and deceptive acts and practices in commerce, within the intent and meaning of the Federal Trade Commission Act.
DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of complaint which the Bureau of Textiles and Furs proposed to present to the Commission for its consideration and which, if issued by the Commission, would Order 69 F.
charge respondents with violation of the Federal Trade Commission Act and the Flammable Fabrics Act; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents of alj 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 the respondents that the law has been violated as alleged in such complaint, and waivers and provisions as required by the Commission s rules; and The Commission, having reason to believe tJ;at the respondents have violated said Acts, and having determined that complaint should issue stating its charges in that respect, hereby issues its complaint, accepts said agreement, makes the following jurisdictional findings, and enters the following order: 1. Respondent Guild Mils Corporation is a corporation organized, existing and doing business under and by virtue of the laws of the State of New Hampshire, with its offce and principal place of business located at 90 Mil Street, Laconia, New Hampshire. Respondent Lawrence W. Guild is an offcer of said corporation and his address is the same as that of said corporation. 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 Guild Mils Corporation, and its offcers, and Lawrence W. Guild, individually and as an offcer of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device do forthwith cease and desist from:
(a) Importing into the United States; or (b) Sellng, offering for sale, introducing, delivering for introduction, transporting, or causing to be transported, in commerce, as "commerce" is defined in the Flammable Fabrics Act; or (c) Transporting or causing to be transported, for the purpose of sale or deli very after sale in commerce any fabric which, under the provisions of Section 4 of the said Flammable Fabrics Act, as amended, is so highly flammable as to be dangerous when worn by individuals.
It is further ordered, That the respondents herein shaJ1, within DAVID PEYSER SPORTSWEAR, INC., ET AL. 1067 1064 Complaint 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.