Marcus Haliczer doing business as Noveltex Paper Products Co.

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MARCUS HALICZER porne BUSINESS AS ‘NOVELTEX PAPER PRODUCTS Coo.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-1820. Complaint, Nov. 17, 1970—Decision, Nov. 17, 1970 Consent order requiring a New York City individual engaged in the manufacture and distribution of disposable paper face masks to cease violating the Flammable Fabrics Act by distributing such paper face masks. } ComMeLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Flammable Fabrics Act, as amended, and by virtue of the Decision and Order TT FTC.

authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Marcus Haliczer individually and doing business as Noveltex Paper Products 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 thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows: Paracrara 1. Respondent Marcus Haliczer is an individual doing business as Noveltex Paper Products Co., with his office and principal place of business located 2346 Amsterdam Avenue, New York, New York.

The respondent is engaged in the manufacture, sale and distribution of wearing apparel, including but not limited to disposable paper face masks.

Par. 2. Respondent is now and for some time last past has been engaged in the manufacture for sale, the sale or 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 and received in commerce as “commerce,” “product,” “fabric” and “related material” are defined in the Flammable Fabrics Act, as amended, which products and 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 products mentioned hereinabove were disposable face masks.

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 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 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 Protec- NOVELTEX PAPER PRODUCTS CO. 1475 1473 Decision and Order tion, Division 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, as amended; 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 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 agrement 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 Marcus Haliczer is an individual trading under the name of Noveltex Paper Products Co.

Respondent is engaged in the business of manufacturing, selling and distributing disposable paper face masks, with his office and principal place of business located at 2346 Amsterdam Avenue, New York, 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 lt is ordered, That respondent Marcus Haliczer, individually and trading as Noveltex Paper Products 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 re- Decision and Order TT ETC.

lated material which has been shipped and 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 any applicable standard or regulation continued in effect, issued or amended under the provisions of the aforesaid Act.

It is further ordered, That respondent notify all of his customers who have purchased or to whom have been delivered the products which gave rise to this complaint of the flammable nature of such products and effect recall of such products from said customers. It is further ordered, That the respondent herein either process the products which gave rise to the complaint so as to bring them within the applicable flammability standards of the Flammable Fabrics Act, as amended, or destroy said products.

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 intentions as to compliance with this order. This interim 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 and any ‘further actions proposed to be taken to notify customers of the flammability of such product and effect recall of such products from said customers, and of the results of such action, (8) any disposition of such product since April 1970, and (4) any action taken or proposed to be taken to flameproof or destroy such products and the results of such action. 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, rayon and acetate, nylon and acetate, rayon, cotton or combinations thereof in a weight of two ounces or less per square yard, or having 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 shall maintain complete and adequate records concerning all products subject to the Flammable Fabrics Act, as amended, which are sold or distributed by him. 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. SAUNDERS, SLLVEK & WHISS, LNU., Wr Au. Lanes Complaint