Elnora C. Kincaid doing business as Broadway Hobby House
Volume 71 · 71 F.T.C. 729
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Elnora C. Kincaid doing business as Broadway Hobby House, 71 F.T.C. 729 (1967). Consumer Law Library, https://consumerlawlibrary.org/decisions/v071-0056
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IN THE MATTER OF EL="ORA C. KINCAlD DOING BUSINESS AS BROADWAY HOBBY HOl:SE CONSENT ORDER, ETC. REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE IMISSIOK AND THE FLAM:IABLE FABRICS ACTS Docket C-1204. Complaint, May 1967-Decision, May, 1967 Consent order requiring a Seattle, \Vash., retailer of hobby and handicraft materials to cease importing or selling any highly flammable fabric dangerous to the 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, having reason to believe ihat Elnora C. Kincaid, an individual doing business as Broadway Hobby House, hereinafter referred to as respondent, has 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 respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows: PARAGRAPH 1. Respondent Elnora C. Kincaid is an individual doing business as Broadway Hobby House. Respondent is a retailer of hobby and handicraft materials with her offce and prin- Decision and Order 71 F. cipal place of business located at 618 Broadway East, Seattle Washington.
PAR. 2. Respondent, subsequent to July 1 , 1954 , the effective date of the Flammable Fabrics Act, has sold and offered for sale, in commerce; has imported into the United States; and has introduced, delivered for introduction, transported, and caused to be transported, in commerce; and has transported and caused to be transported for the purpose of sale or delivery after sale, in commerce; as "commerce" is defined in the Flammable Fabrics Act fabric, as the term is defined therein, which fabric \vas, under Section 4 of the Flammable Fabrics Act, as amended, so highly flammable as to be dangerous when worn by individuals. l' AR. 3. The aforesaid acts and practices of respondent 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 C01nmerce, within the intent md meaning of the Federal Trade Commission Act.
DECISlO'; AKD ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent 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 charge respondent with violation of the Federal Trade Commission Act and the Flammable Fabrics Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforcsaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by the respondent 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 that the respondent has 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 en1ers the following- order: 1. Respondent Elnora C. Kincaid is an individual doing busi- DEAN FOODS CO. ET AL. 731 729 Syllabus ness under the name Broadway Hobby House, with her offce and principal place of business located at 618 Broadway East, Seattle Washington 2. The Federal Trade Commission has jurisdiction of the subject matler of this proceeding and of the respondent, and the proceeding- is in the public interest.
ORDER It is ordered That respondent Elnora C. Kincaid, an individual doing business as Broadway Hobby House, or under any other trade name, and respondent's 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) Sc1ling, offering for sale, introducing, delivering for introduction, transporting, or causing to be transporied, 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 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 rurther order' cd That the respondent herein shall, within sixty (60) days after service upon her of this ordcr, file with the Commission a report in writing setting forth in detail the manner and form in which she has complied with this order.