Kirchen Brothers

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IN THE MATTER OF KIRCHEN BROTHERS ET AL.

CONSENT ORDER, ETC. , IK REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-1120. Complaint, Oct. 10, 1.966-Decision, Oct. 10, 1966 Consent order requiring a Chicago importer and sener of handicraft mate. rials to cease and desist from importing, selling, and transporting any fabric so highly flammable as to endanger persons who \Vear it. Decision and Order 70 F. T. 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 having reason to believe that Kirchen Brothers, a corporation, and John Abens and Grover Kirchen, individually and as offcers of 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 Kirchen Brothers is a corporation organized, existing and doing business under and by virtue of the laws of the State of Ilinois. Individual respondent John Abens is president and treasurer and individual respondent Grover Kirchen is secretary of the corporate respondent. They formulate direct and control the policies, acts and practices of the corporate respondent. All respondents are engaged in the importation and sale of handicraft materials and their offce and principal place of business is located at 318 West Washington Street, Chicago, Ilinois.

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 for the purpose of sale or delivery after sale, in commerce; as "commerce" is defined therein, 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 Fabrics Act and the Rules and Regulations promulgated thereunder, and as such constitute 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 there- KIRCHEN BROTHERS ET AL. 1057 1055 Decision and Order after with a copy of a draft of complaint which the Bureau of Texties and Furs proposed to present to the Commission for its consideration and which, if issued by the Commission, would 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 all 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 Jaw 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 that 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 Kirchen Brothers is a corporation organized, existing and doing business under and by virtue of the laws of the State of Ilinois, with its offce and principal place of business located at 318 West Washington Street, Chicago, Ilinois. Respondents John Abens and Grover Kirchen are offcers of said corporation and their 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 preceeding is in the public interest.

ORDER It i" ordered That respondents Kirchen Brothers, a corporation, and its offcers, and John Abens and Grover Kirchen, individually and as offcers 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) Selling, 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 delivery after sale in commerce Complaint 70 F. T.

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 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 the,- have complied with this order.