Sutter Textile Co

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

In tue Marrer or SUTTER TEXTILE CO., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED. VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-1855. Complaint, Jan. 26, 1971—Decision, Jan. 26, 1971 Consent order requiring a New York City partnership which imports and distributes textile fiber products to cease importing and distributing any fabrie or related material which fails to conform to the standards of the Flammable Fabrics 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 Sutter Textile Co., a partnership and Allan Sutter, Robert Sutter-and George Sutter, individually and as copartners trading as Sutter Textile Co., 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: bo Paracrapn 1. Respondent Sutter Textile Co. is a partnership trading as Sutter Textile Co. Its address is 257 West 39th Street, New York, New York.

Respondents Allan Sutter, Robert Sutter and George Sutter are individuals and copartners trading as Sutter Textile Co..They formulate, direct and control the acts, practices and policies of the said partnership including those hereinafter set forth. Respondents are engaged in the importation, sale and distribution of textile fiber products, including, but not limited to fabrics. Par. 2. Respondents are now and for some time last past have been engaged in the sale and offering for sale, in commerce, 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, fabric, as the terms “commerce,” and “fabric” are defined in the Flammable Fabrics Act, as amended, which fail to conform to an applicable standard or regulation continued in effect, issued or SUL LAL Ue, sre taser —-- 252 Decision and Order amended under the provisions of the Flammable Fabrics Act, as amended.

Among such products mentioned hereinabove was a fabric identified as Quality 9800, a Swiss all cotton white organdy. imported by Stern and Stern Textiles, New York, New York. 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 Division of Textiles 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.

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 § 2.34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order : 1. Respondent Sutter Textile Co. is a partnership trading as Sutter Textile Co. ;

Respondents Allan Sutter, Robert Sutter and George Sutter are individuals and copartners trading as Sutter Textile Co. They for- 254 FEDERAL TRADE COMMISSION. DECISIONS Decision and Order 78 E.T.C.

mulate, direct and control the acts, practices and policies of said partnership. .

Respondents are engaged in the importation, sale and distribution of textile fiber products including, but not limited to, fabrics, with their office and principal place of business. located at 257 West 39 Street, New York, New York.

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 Sutter Textile Co., a partnership, and Allan Sutter, Robert Sutter and George Sutter, individually and as copartners trading as Sutter Co., or under any other name or names, and respondents’ 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, 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” and “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 issued, amended or continued in effect, under the provisions of the aforesaid Act. lt is further ordered, That respondents notify all of their customers who have purchased or to whom has been delivered the fabric which gave rise to the complaint, of the flammable nature of said fabric and effect the recall of said fabric from such customers. lt is further ordered, That the respondents herein either process the fabric which gave rise to the complaint so as to bring it into conformance with the applicable standard of flammability under the Flammable Fabrics Act, as amended, or destroy said fabric. It is further ordered, That the respondents herein shall, within ten (10) days. after service upon them of this order, file with the Commission an interim special report in writing setting forth the respondents’ intentions as to compliance with this order. This special report shall also ‘advise the Commission fully and specifically concerning (1) the identity of the fabric which gave rise to the complaint, (2) the amount of said fabric in inventory, (3) any action