Roy Gilley
Volume 74 · 74 F.T.C. 75
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Roy Gilley, 74 F.T.C. 75 (1968). Consumer Law Library, https://consumerlawlibrary.org/decisions/v074-0006
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IN THE MATTER OF ROY GILLEY DOING BUSINESS AS FLOWERCRAFT SUPPLY COMPANY CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE CO:vMISSION AND THE FLAMMABLE FABRICS ACTS Docket C- 1.55. Complaint, July 1968-Decision, July, 1968 Consent order requiring a Seattle, Wash., distributor of handicraft materials to cease marketing any fabric which does not conform to flammability standards of the Flammable Fabrics Act. COMPLAINT 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 Roy Giley, an individual doing business as Flowercraft Supply Company, hereinafter re- Decision and Order 74 F. ferred to as respondent, has violated the provisions of said Acts and the Rules and Regulations promulgated under the Flammable Fabrics Act, as amended, 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 Roy Giley is an individual doing business as Flowercraft Supply Company. Respondent is a ,distributor of handicraft materials with his offce and principal place of business located at 2415 South Jackson Street, Seattle Washington.
PAR. 2. Respondent is now, and for some time last past has been, engaged in tbe sale and offering for sale, in commerce, and in the importation into the United States, and has introduced delivered for introduction, transported and caused to be transported in commerce, and has sold or delivered after sale or shipment in commerce, fabrics, as the terms "commerce" and IIfabric are defined in the Flammable Fabrics Act, which fabrics failed to conform to an applicable standard or regulation continued in effect, issued or amended under the provisions of the Flammable Fabrics Act, as amended.
Among such fabrics mentioned hereinabove were wood fiber chips.
PAR. 3. The aforesaid acts and practices of respondent were and are in violation of the Flammable Fabrics Act, 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 Federal Trade Commission Act. DECISION AND 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 aforesaid draft of complaint, a statement that the signing FLOWERCRAFT SUPPLY CO. , ET AL.
Order 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 such complaint, and waivers and other provisions as required by the Commission s Rules; and The Commission having 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 34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:
1. Respondent Roy Giley is an individual doing business under the name Flowercraft Supply Company, with his offce and principal place of business located at 2415 South Jackson Street Seattle, Washington.
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 ordered That respondent Roy Giley, an individual doing business as Flowercraft Supply Company, or under any other name, and respondent's representatives, agents and employees directly or through any corporate or other device, do forthwith cease and desist from manufacturing for sale, sellng, offering for sale, in commerce, or importing into the United States, or introducing, delivering for introduction, transporting or causing to be transported in commerce, or selling or delivering after sale or shipment in commerce, any fabric as "commerce" and fabric" are defined in the Flammable Fabrics Act, as amended which fails to conform to an applicable standard or regulation continued in effect, issued or amended under the provisions of the aforesaid Act.
It is further ordered That the respondent herein shall, within ten (10) days after service upon him of this Order, file with the Commission an interim special report in writing setting forth the respondent' s intention as to compliance with this Order. This interim special report shall also advise the Commission fully and specifically concerning the identity of the fabric which gave rise to the complaint, (1) the amount of such fabric in inventory, (2) Complaint 74 F.
any action taken to notify customers of the flammability of such fabric and the results thereof and (3) any disposition of such fabric since February 23, 1968. Such report shall further inform the Commission whether respondent has in inventory any fabric product or related material having a plain surface and made of silk, rayon or cotton or combinations thereof in a weight of two ounces or less per square yard or fabric with a raised fiber surface made of cotton or rayon or combinations thereof. Respondent wil submit samples of any fabric, product or related material with this report. Samples of the fabric, product or related material shall be no less than one square yard of material. It is furthe?' ordej' That the respondent herein shall, within sixty (60) days after service upon him of this ordcr, file with the Commission a report in writing setting forth in detail the manner and form of his compliance with this order.