Lamrite West, Inc

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IN THE MATTER OF LAMRITE WEST, INC. , TRADING AS A. C. SUPPLY CO. ETC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-1663. Complaint, Dec. 1969-Decis' ion, Dec. 2.1, 1969 Consent order requiring a Cleveland, Ohio, importer of foreign merchandise to cease importing and marketing dangerously flammable wood fiber chips used primarily for making artificial flowers. COMPLAI:-T 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 Lamrite \Vest, Inc. , a corporation, also trading as A. C. Supply Co. and as Catan s Lamrite and Pat Catanzarite, individually and as an offcer 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, 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 Lamrite West, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of Ohio with its offce and principal place of business located at 6605 Clark Avenue, Cleveland, Ohio. Respondent also trades as A. C. Supply Co. and as Catan s Lamrite. Individual respondent Pat Catanzarite is the principal offcer of said corporate respondent. He formulates, directs and controls Complaint 76 F. T.

the acts, practices and policies of said corporate respondent and his address is the same as that of the corporate respondent. Respondents are engaged in the sale of various consumer goods, including, but not limited to, wood fiber chips. PAR. 2. Respondents are now and for some time last past have been engaged in the sale and offering for sale, in commerce, and in the importtion into the United States, and have introduced delivered for introduction, transported and caused to be transported in commerce, and have sold or delivered after sale or shipment in commerce, fabrics, as the terms "commerce" and Hfabric are defined in the Flammable Fabrics Act, as amended 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 respondents were and are in violation of the Flammable Fabrics Act, as amended and the Rules and Regulations promulgated thereunder, and constituted, and now 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 thereafter 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, as amended; 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 respondents that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission s Rules; and A. C. SUPPLY CO. , ETC. 1041 1039 Decision and Order The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have 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 corporation is organized, existing and doing business under and by virtue of the laws of the State of Ohio with its offce and principal place of business located at 6605 Clark Avenue, Cleveland, Ohio.

Respondent Pat Catanzarite is an offcer of said corporate respondent and his address is the same as the corporate respondent. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered That respondents Lamrite West, Inc. , a corporation, also trading as A. C. Supply Co., and Catan s Lamrite or under any other name or names, and its offcers, and Pat Catanzarite, individually and as an offcer of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from manufacturing for sale, selling, 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 iabric 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 ':8 further ordered That respondents herein shall, within ten (0) days after service upon them of this order, me with the Commission an interim special report in writing setting forth the respondents' 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) 1042 FEDERAL TRADE COMMISSJO DECISIONS Decision and Order 76 F.

any action taken to notify customers of the flammabilty of such fabric and the results thereof and (3) any disposition of such fabric since October 2, 1968. Such report shall further inform the Commission whether respondents have in inventory any wood fiber chips or any other fabric, product or related material having a plain surface and made of silk, rayon or cotton or combination thereof in a weight of two ounces or less per square yard or made of cotton or rayon or combinations thereof with a raised fiber surface. Respondents wil submit samples of any such fabric product or related material with this report. It is fu?ther O?"dm' That the respondent corporation shall forthwith distribute a copy of this order to each of its operating divisions.

It is fUTtheT o?"dered 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.