Variety Frocks

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

In rae Matrer oF VARIETY FROCKS, ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATIONS OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS ; Docket O-18}4. Complaint, Jan. 6, 1971—Decision, Jan. 6, 1971 Consent order requiring a. New. York: City manufacturer and importer of women’s wear, including maternity, dresses, to cease violating the Flammable Fabrics Act by importing and selling any fabric which fails to conform to the standards of said 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 Variety Frocks, a partnership, and Irving Edelman and Benjamin Laub, individually and as copartners trading as Variety Frocks, 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: Paracrapu 1. Respondent Variety Frocks is a partnership organized, existing and doing business under and by virtue of the laws _of the State of New York, with its office and principal place of business located at 1859 Broadway, New York, New York. Individual respondents Irving Edelman and Benjamin Laub are copartners in said partnership. They formulate, direct and control Decision and Order 78 F.T.C.

the acts, practices and policies of said partnership. Their address is the same as that of the partnership.

Par. 2. Respondents are now and for some time last past have been engaged in the manufacture for sale, sale, offering for sale, in commerce, and in the importation 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, products; and have 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,” “product,” “fabric” and “related material” 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 products mentioned hereinabove were maternity dresses.

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 Consumer Protection 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 and 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 VARIETY FROCKS, ET AL. 31 29 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 (380) 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 Variety Frocks is a partnership. The said partnership is organized, exists and does business in the State of New York with its office and principal place of business located at 1359 Broadway, New York, New York.

Respondents Irving Edelman and Benjamin Laub are copartners in said partnership. “They formulate, direct and control the acts, practices, and policies of said partnership. Respondents are manufacturers of women’s apparel and their address is the same as that of the partnership. 2. The Federal Trade Commission has jurisdiction of the subject matter of the proceeding and of the respondents and the proceeding is in the public interest.

, ORDER It is ordered, That respondents Variety Frocks, a partnership, and Irving Edelman and Benjamin Laub, individually and as copartners trading as Variety Frocks, or under any other name, 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 fabric, product 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 the terms “commerce,” “product,” “fabric” or “related material” are defined in the Flammable Fabrics Act, as amended, which fabric, product or related material fails to conform to an applicable standard or regulation continued in effect, issued or amended under the provisions of the aforesaid Acts.

It is further ordered, That the respondents herein shall, within ten (10) days after service upon them of this order, file with the ‘Complaint 78 F.T.C.

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, product or related material which gave rise to 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 February 19, 1970. Such report shall further inform the Commission whether respondents have in inventory any fabric, product or related material having a plain surface and made of paper, silk, rayon, cotton, rayon and acetate, or nylon and acetate or combinations thereof in a weight of two ounces or less per square yard or with a raised fiber surface made of cotton or rayon or combinations thereof. Respondents 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 not less than one square yard of material.

It is further ordered, That the respondents herein either process the products which gave rise to this complaint so as to bring them within the applicable standards of the Flammable Fabrics Act, as amended, or destroy said products.

It is further ordered, That 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.