Bugle Toy Mfg. Co

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

In THE Marrrr OF.

SAMUEL SHINDLER rranine as BUGLE TOY MFG. CO.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-1816. Complaint, Nov. 2, 1970—Decision, Nov. 2, 1970 Consent order requiring a Pawtucket, R.I., distributor of various party products including paper hula skirts to bring such skirts within the applicable flammability standards of the Flammable Fabrics Act or destroy said skirts. 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 Samuel Shindler, an individual trading as Bugle Toy Mig. Co., hereinafter referred 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 there- Decision and Order TT F.T.C.

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

Paragrary 1. Respondent Samuel Shindler is an individual trading as Bugle Toy Mfg. Co.

Respondent is engaged in the manufacture, sale and distribution of various party products including, but not limited to, paper hula skirts with his office and principal place of business located at 179 Conant Street, Pawtucket, Rhode Island.

Par. 2. Respondent is now and for some time last past has been engaged in the manufacture for sale, the sale and offering for sale, in commerce, 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, products; and has manufactured for sale, sold, and offered for sale, products made of fabrics or related materials which have been shipped or received in commerce, as the terms “commerce,” “products,” “fabrics” and “related materials” are defined in the Flammable Fabrics Act, as amended, which products and fabrics or related materials 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 products mentioned hereinabove were paper hula skirts.

Par. 8. 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 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 OrpdER 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 Consumer Protection 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, as amended; and , The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by BUGLE TOY MFG. CO. . 1457 1455 Decision and Order 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 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 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 Samuel Shindler is an individual trading as Bugle Toy Mfg. Co.

Respondent is engaged in the manufacture, sale and distribution of various party products including, but not limited to, paper hula skirts, with his office and principal place of business located at 179 Conant Street, Pawtucket, Rhode Island.

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

ORDER It is ordered, That respondent Samuel Shindler, individually and trading as Bugle Toy Mfg. Co., or under any other name or names, and respondent’s 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 product, fabric or related material; or manufacturing for sale, selling or offering for sale, any product made of fabric or related material which has been shipped or received in commerce, as “commerce,” “product,” “fabric” or “related material” are defined in the Flammable Fabrics Act, as amended, which product, fabric or related material, fails to conform to an applicable standard or regulation continued in effect, issued or amended under the provisions of the aforesaid Act.

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It is further ordered, That the respondent herein shall, within ten (10) days after service upon ‘it of this order, file with the Commission an interim special report in writing setting forth the respondent’s intentions as to compliance with this order. This interim. special report shall also advise the Commission fully and specifically concerning the identity of the product which gave rise to the complaint, (1) the amount of such product in inventory, (2) any action taken to notify customers of the flammability of such product and the results thereof and (3) any disposition of such product since January 16, 1970. 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 paper, silk, cotton, rayon, acetate and nylon, acetate and rayon, 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. Samples of the fabric, product or related material shall be of no less than one square yard of material. It is further ordered, That the respondent herein either process the hula skirts which gave rise to this complaint so as to bring them within the applicable flammability standards of the Flammable Fabrics Act, as amended, or destroy said hula skirts. It 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.