Paul Shuman Mfg. Co., Inc

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In tae Marrer or > “PAUL SHUMAN MFG. CO., INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE © FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS.’ Docket. C-1932. Complaint, June 2, 1971—Decision, June 2, 1971 Consent order requiring a Los Angeles, Calif., manufacturer of’ women’s and’ misses’ apparel, including aprons, to cease violating the Flammable Fabrics Act by importing and selling any fabric which fails to conform to the. standards of said Act.

1134 FEDERAL ‘TRADE’ COMMISSION DECISIONS Complaint 78 BTC.

J ~ ~ 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 Paul Shuman Mfg. Co., Inc., a corporation, and Paul Shuman, individually and as an officer of said corporation, 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 Paul Shuman Mfg. Co., Inc., is a corporation organized, existing and doing business under and ‘by virtue of the laws of the State of California with its office and principal place of business located at 746 South Los Angeles Street, Los Angeles, California.

Respondent Paul Shuman is an ‘officer of said corporation. He formulates, directs and controls the acts, practices and policies of said corporation. His address is the same as that of the corporate respondent.

Respondents are manufacturers of women’s and misses > apparel. . Par. 2. Respondents for some time last past have been engaged in the sale and 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 i in commerce, and have sold or delivered after sale or shipment in commerce, products as the terms “commerce”. and “product” are defined in the Flammable Fabrics Act, as amended, which 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 aprons. 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.

FAUL PQLUIMAIN JWLEU, WUsy LIN oy Mil tl, LIivdvVd ‘Decision and Order Decision AND ORDER :

The Federal Trade. Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with the violation of the Federal Trade Commission Act and the Flammable Fabrics Act, as amended, and the respondents having been served. with notice of said determination and with a copy of the complaint the Commission intended. to issue, together with a proposed form of order; 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 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 Paul Shuman Mfg. Co.,-Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of California, + with its office and principal place of business located at 746 South Los Angeles Street, Los Angeles, California. Respondent Paul Shuman is an officer of said. corporation and his address is the same as that of said corporation. 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. oy ;

_. ORDER lt is ordered, That the respondents Paul Shuman’ Mig. ‘Co., Inc., a corporation, and its officers and Paul Shuman individually and as an officer: of said corporation, and respondents’ representatives, agents and employees, directly ¢ or through any corporate or other device, do 11386 FEDERAL. TRADE COMMISSION DECISIONS ‘Decision and Order 78 ¥.T.C.

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” 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.

It is further ordered, That respondents notify all of their customers who have purchased or to whom have been delivered the products, which gave rise to the complaint, of the flammable nature of said products, and effect the recall of said products from such customers. It is further ordered, That the respondents herein either process the products, which gave rise to the complaint so as to bring them into conformance with the applicable standard of flammability under the Flammable Fabrics Act, as amended, or destroy said products. It is further ordered, That the respondents herein, shall, within ten (10) days after service upon them of this order, file with the Commission a 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 products, which gave rise to the complaint, (2) the number of said products, in inventory (3) any action taken and any further actions proposed to be taken to notify customers of the flammability of said products, and effect the recall of said products from customers, and of the results thereof, (4) any disposition of said products since December 12, 1969, and (5) any action taken or proposed to be taken to bring said products, into conformance with the applicable standard of flammability under the Flammable Fabrics Act, as amended, or destroy said products, and the results of such action. Such report shall further inform the Commission as to whether or not respondents have, in inventory any product, fabric, or related material having a plain surface and made of paper, silk, rayon and acetate, nylon and acetate, rayon, cotton or any other material or combinations thereof in a weight of two ounces or less per square yard, or any product, fabric or related material having a raised fiber surface. Respondents shall submit samples of not less than one square yard in size of any such product, fabric, or related material with this report.

COMMERCIAL PAPER BOX CO., ET AL. | 11387 1133 — Complaint It is further ordered, That respondents notify the Commission at least 30 days prior to any proposed change in the corporate respond-ent, such as dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations arising out of this order.

It is further ordered, That respondent corporation shall forthwith distribute a copy of this order to each of its operating divisions. It is further ordered, That the 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.