Eduardo P. Acap

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In tur Marrer or EDUARDO P. ACAP CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION, THE FLAMMABLE FABRICS AND THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACTS Docket O-1767. Complaint, July 14, 1970—Decision, July 14,1970 - Consent order requiring a San Francisco, Calif., importer of textile fiber products, including fabric and wearing apparel in the form of ladies’ scarves, to cease and desist from marketing dangerously flammable fabrics and from misbranding textile fiber products.

Complaint Pursuant to the provisions of the Federal Trade Commission Act, the Flammable Fabrics Act and the Textile Fiber Products Identification Act and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Eduardo P. Acap, an individual formerly a copartner in a partnership trading as IMP Philippine Shop, hereinafter referred to as the respondent, has violated the provisions of said Acts and the Rules and Regulations promulgated under the Flammable Fabrics Act and the Textile Fiber Products Identification Act and it appearing to the Commission that a proceeding by it in respect thereof would be in Complaint WT F.T.C.

the public interest, hereby issues its complaint stating its charges in that respect as follows:

Paracrary 1. Respondent is Eduardo P. Acap, an individual formerly a copartner in a partnership trading as IMP Philippine Shop. Said partnership is now dissolved and the other partner has left the jurisdictional limits of the United States. Respondent was engaged in the business of the importation and sale of textile fiber products, including fabric and wearing apparel -in the form of ladies’ scarves with his office and principal place of business formerly located at. International Market Place, 867 Market Street, San Francisco, California.

Par. 2. Respondent for some time last past has been engaged in the 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 and products as the terms “commerce,” “fabric” and “product” are defined in the Flammable Fabrics Act, as amended, which fabrics and products 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 was fabric known as “jusi” cloth and among such products were “ladies’ scarves.”

Par. 3. The aforesaid acts and practices of the respondent 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. Par. 4. Respondent for some time last past has been engaged in the introduction, delivery for introduction, sale, advertising, and offering for sale, in commerce, and in the transportation or causing to be transported in commerce, and the importation into the United States, of textile fiber products; and has sold, offered for sale, advertised, delivered, transported and caused to be transported, textile fiber products, which have been advertised or offered for sale in commerce; and has sold, offered for sale, advertised, delivered, transported and caused to be transported, after shipment in commerce, textile fiber products, either in their original state or contained in other textile fiber products, as the terms “commerce” and “textile fiber product” are defined in the Textile Fiber Products Identification Act.

EDUARDO P. ACAP 941 939 Complaint Par. 5. Certain of such textile fiber products were misbranded by respondent in that they were not stamped, tagged, labeled, or otherwise identified to show each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act, and in the manner and form prescribed by the Rules and Regulations promulgated under said Act.

Among such misbranded textile fiber products, but not limited thereto, were textile fiber products with labels which failed : 1. To disclose the true generic names of the fibers present ; 2. To disclose the true percentage of such fibers; 3. To disclose the name, or other identification issued and registered by the Commission, of the manufacturer of said product or one or more persons subject to Section 3 of the said Act with respect to such product; and 4. To disclose the name of the country where imported textile fiber products were processed or manufactured. Par. 6. The acts and practices of respondent, as set forth above, in Paragraph Five were and are, in violation of the Textile Fiber Products Identification Act and the Rules and Regulations promulgated thereunder, and constituted, and now constitute unfair meth- ‘ods of competition and unfair and deceptive acts or practices in commerce, under 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 Fur Products Labeling 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 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 havsaw ann on at Decision and Order TT IEC.

ing 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 § 2.34(b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Eduardo P. Acap is an individual formerly a co-partner in a partnership, trading as IMP Philippine Shop. The said partnership has been dissolved. Mr. Nester S. Planta the former partner of Eduardo P. Acap has left the jurisdiction of the United States. Said firm was formerly located at International Market Place, 867 Market Street, San Francisco, California. 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 Eduardo P. Acap an individual formerly a copartner in a partnership trading as IMP Philippine Shop, and respondent’s representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from 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 any fabric, product or related material as “commerce,” and “fabric,” “product” and “related material” 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, product or related material which gave rise to the complaint, (1) the amount of such fabric, product or related material in inventory, (2) any action taken to notify customers of the flammability of such fabric, product or related material and the results thereof and (3) any disposition of such fabric, product or related material since September 8, 1969. Such report shall further inform the Commission whether the respondent has in SUCCESS MOTIVATION INSTITUTE, INC., ET AL. 943 939 Order inventory any fabric, product or related material having a plain surface and made of silk, rayon and acetate, nylon and acetate, 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 will submit samples of any such fabric, product or related material with this report. Lt is further ordered, That. respondent Eduardo P. Acap an individual formerly a copartner in a partnership trading as IMP Philippine Shop, and respondent’s representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, delivery for introduction, sale, advertising, or offering for sale in commerce, or the importation into the United States of any textile fiber product; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to ~ be transported, of any textile fiber product, which has been advertised or offered for sale in commerce; or in connection with the sale, offering for sale, advertising, delivery, transportation or causing to be transported, after shipment in commerce of any textile fiber product, whether in its original state or contained in other textile fiber products, as the terms “commerce” and “textile fiber product” are defined in the Textile Fiber Products Identification Act, do forthwith cease and desist from misbranding textile fiber products by failing to affix labels to such textile fiber products showing in a clear, legible and conspicuous manner each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act.

Lt is further ordered, That the respondent herein shall, within sixty (60) days after service upon him of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which he has complied with this order.