Continental Scarf Corp., Inc.

Text (OCR of the scan at left; may contain errors)

IN 1' HE :VIATTER OF CONTINEKTAL SCARF CORP. , INC., ET AL. TRADING AS CONTINENTAL SCARF AKD KOVELTY CO.

CONSENT ORDER, ETC" IN REGARD TO THE ALLEGED VIOLATIO:' OF THE FEDERAL TRADE COMMISSION AND THE FLANIMABLE FABRICS ACTS Docket C-1216. Complaint, June 1967-Decision, June, 1.967 Consent order requiring a New York City manufacturer of "\vearing apparel to cease importing and selling scarves and other items made from dangerously flammable fabrics.

COYIPLAI:\T 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 Continental Scarf Corp., Inc., a corporation and Isaac :VI. Topol, individually, as an offcer of said corporation and trading as Continental Scarf and Novelty Co., 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 Continental Scarf Corp. , Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York. Respondent Isaac :VI. Topol is the president of said corporate respondent. He formulates directs and controls the acts, practices and policies of said corporation. Respondent Isaac !\I. Topol also trades as Continental Scarf and K ovelty Co. under and by virtue of the Jaws of the State of Kew York.

Respondents are engaged in the business of importation, sale 1182 FEDERAL TRADE COMYIISSlON DECISIONS Decision and Order 71 F.

and distribution of textile fiber products, including wearing apparel in the form of ladies ' scarves, with their offce and principal place of business located at 49 West 38th Street, New York, New York, 10018.

PAR. 2. Respondents, now and for some tilDe last past, have manufactured for sale, 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 sale in commerce; as commerce" is defined in the Flammable Fabrics Act, articles of wearing apparel, as the term "article of \vearing apparel" is defined therein, \with articles of wearing npparel were, under Section 4 of the Flammable Fabrics Act, as amended, so highly flammable as to be dangerous when worn by individuals. Amung the articles of wearing apparel mentioned hereinabove were ladies' scarves.

PAR. 3. Respondents, now and for some time last past, have manufactured for sale, sold and offered for sale, articles of wearing apparel made of fabric which was, under Section 4 of the Act as amended, so highly flammable as to be dangerous when worn by individuals, which fabric had been shipped and received in commerce, as the tenns "article of \vearing apparel fabric and " commerce" are defmed in the Flammable Fabrics Act; Among the articles of \vearing apparel mentioned above were ladies' scarves.

PAR. 4. The aforesaid acts and practices of respondents herein alleged were and are in violation of the Flammable Fabrics Act and of the Rules and Regulations promulgated thereunder, and as such constitute unfair methods of competition and unfair and deceptive acts and practices in commerce with 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 charge respondents with violation of the Federal Trade Commission Act and thc Flammable Fabrics Act; and The respondents and counsel for the Commission having there- CONTINENTAL SCARF AND NOVELTY CO. 1183 1181 Order after 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 settement 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 that the l'€sponclents have violated said Acts, and having determined that complaint should issue stating its charges in that respect, hereby issues its complaint, accepts said agreen1ent, makes the iol1owing jurisdictional findings, and enters the following order: 1. Respondent Continental Scarf Corp., Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its offce and principal place of business located at 49 West 38th Street, New York, New York, 10018.

Respondent Isaac M. Topol is an offcer of said Continental Scarf Corp., Inc., and his address is the same as that of said corporation. He is also an individual trading as Continental Scarf and Novelty Co.

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

ORDER It is dered That the respondents Continental Scarf Corp., Inc., a corporation, and its offi(;ers, and Isaac M. Topol, individually, as an offcer of said corporation, and trading m:, Continental Scarf and Novelty Co., or under any other name or names, and respondents' representatives, agents and en1p10yees, directly or through any corporate or other device, do forthwith cease and desist from:

1. (a) Importing into the United States; or (b) Manufacturing for sale, selling, oH'ering for sale, introducing, delivering for introduction, transporting or causing to be transported in commerce, as "con1merce" is defined in the Flammable Fabrics Act; or (c) Transporting 01' causing to be transported, for the purpose of sale 01' delivery after sale in commerce; any article of wem.'ng apparel which, under the provisions of Section 4 of the Flammabie Fabrics Act, as amended, is Complaint 71 F.

so highly flammable as to be dangerous when worn by individuals.

2. Manufacturing for sale, selling, or offering for sale any article of wearing apparel made of fabric, which fabric has been shipped or received in commerce, and which under Section 4 of the Act, as amended, is so highly flammable as to be dangerous when worn by individuals.

It is further ordel'ed 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 they have complied with this order.