C. Itoh & Co. (America) Inc.

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IN THE ~fatter C. ITOH CO. (Ai\IERICA) INC.

CONSENT ORDER , ETC., IN REGARD TO THE ~\ALLEGED VIOLATION OF THE FEDERAL TRADE CO:ilDIISSIOX ..:-\XD THE FLA~DL-\BLE L-\BRICS ACTS Docket C-1333. Complaint, May 9, 1968-Dec' ision, May 9, 1968 Coi).sent order requiring a Xew York City importer and distributor of fabrics to cease importing and selling any fabric so highly flammable :as to be dangerous when worn.

CO:MPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Flammable Fabrics Act, as amended, and by virtue of the authority vested in it by said Acts, the Federal Trade, Commission, having reason to believe that C. ItoIl Co. (America) Inc., a corporation hereinafter referred to as respondent, has violated the provisions of said Acts and the Rules and Regulations promulgated under the Flan1l11able Fabrics Act, as amended, and it appearing to the Comc. ITOH & co. (AMERICA) INC. 883 882 Decision and Order mission 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. R-respondent C. Itoh & Co. (Alnerica) Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York.

The respondent is engaged in the importation, sale 'and distribution of fabric. Its office and principal place of business is located at 320 Park A venue, New York, New York.

PAR. 2. Respondent, now and for some time last past, has sold and offered for sale, in commerce; has imported into the lJ united States; and has introduced, delivered for introduction, transported, and caused to be transported, in commerce; and has transported and caused to be transporteel for the. purpose of sale or delivery after sale, in CO111merce; as "commerce': is defined in the Flanlmable Fabrics Act, as amended, "fabric,:' as that term is defined in said Act, which fabric failed to conform to an applicable standard or regulation continued in eflect, issued or amended under the, provisions of the aforesaid Act. PAR. 3. The aforesaid acts and practices of respondent were and are in violation of the Flammable Fabrics ~\..ct, as amended, 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 Fcdernl Trade Commission Act.

DECISION AXD ORDER The Fede.ral Trade Commission having initintecl an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent 11(1 "iug been furnished thereafter with a copy of a draft of complaint \\'which the Bureau of Textiles nnd Furs proposed to present to the Commission for its consideration and which if issued by the Commission, \yonld charge respondent with violation of the Federal Trncle Commission Act and the Flammable Fabrics Act; and The respondent and counsel for the. CO1l1mission having thereafter ~xec.uted an agreement eontainin~: a consent order. an admission bv the respondent of all the jurisdictional facts set. forth in the nforesaid draft of compbint, n statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in suc.h complaint and \Talyers and other provisions as required by the Commission Rules: and \. , , ,, , , 884 ;FEDERAL TRADE CO::\DlISSION DECISIONS Decision and Order 73 F.

The Commission havin.Q: thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said Acts, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of thirty (30) days, now in further conformity with the procedure prescribed in 8 2.34 (b) of its Rules, the Commission hereby issues its complaint makes the follo"\\ing jurisdictional findings, and enters the follo\ying order:

1. R.respondent C. Hoh ..\: Co. (America) Inc., is a corporation organized, e.:s:isting and doing business under and by virute of the laws of the State of New York ith its office and principal place of business located at 320 Park ~ enue, in the city of ~ ew York, State of New York.

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

ORDER It is oJ'cZe1'ed That respondent C. Itoh &:; Co. (A11lerica) Inc. , a corporation, and its ofncel's, and responclenfs representatives, agents ::mc1 employees, c1il'ectl:v or through any corporate or other device, do forth\"\ith cease and c1esjst from:

(a) Importing into the rnited States:

(b) Selling.', o.iT'el'ing for sale, introducing, delivering for introduction, transporting, en' causing to be transported, in commerce, as ;' compl1erce " is defined in the Flammable Fabrics Act; ( e) Transporting or causing to be transported, for the purpose or sale or delivery a.after sale in CO111merce; any fabrie which fails to conform to an applicable sta.nc1arc1 or regulation continued in eilect, issued or amended under the provisions of the aforesaid Act.

I t is further oJ'deJ' That the respondent corporation shall forth- "\\ith distribute. a copy of the Order to each of its operating divisions. I t is further O'i'Clei'ed. Tha t the res1Jonclent herein shall. within sixty (60) clays after sen-ice upon it of this order, file "ith the Commission a report in writing setting IO1'th in detail the manner and form. in "bich it has complied ,-..-ith this order.

DIVISION 'WEST' CHINCHILLA CORP. ET AL. 885 Complaint