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June'S Apparel

Volume 78 · 78 F.T.C. 1155

Citation
78 F.T.C. 1155
Docket
C-1938
Complaint
1971-06-02
Decision
1971-06-02
Document type
consent order
Case type
consumer protection
Statutes
FTC Act (section 5); Flammable Fabrics Act
Industry
apparel retail
Outcome
consent order entered
Relief
cease_and_desist; notice_to_customers; compliance_reporting
Source
Original volume PDF
Original PDF
This decision as a PDF

Cite this decision

June'S Apparel, 78 F.T.C. 1155 (1971). Consumer Law Library, https://consumerlawlibrary.org/decisions/v078-0125

Report an error in this record (decision id v078-0125)

Order status: presumptively_terminable_pre_1995. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

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

In rar Marrer oF:

MRS. JUNE DOUGLAS TRADING As J UNE’S APPAREL _ CONSENT ORDER, ETC., IN REGARD TO THE “ALLEGED VIOLATION OF THE | FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS. ‘Docket C-1938. Complaint, June 2, 1971—Decision, June 2, 1971 Consent order requiring a Bellingham, Wash., individual selling various con- ' gumer goods, including scarves, to cease violating the Flammable Fabrics Act by importing and selling any fabric which fails to conform to the standards of said Act. oo.

ComMPLaInt 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 Commis- ‘sion, having reason to believe that Mrs. June Douglas, an individual ‘trading as June’s Apparel 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: Paracrary 1. Respondent Mrs. June Douglas is an individual trading as June’s Apparel. Respondent is engaged in the sale of various consumer goods, including, but not limited to, scarves. The ‘business address of the respondent is 109 W. Magnolia Street, Bellbusiness address of the respondent i is 109 West Magnolia Street, Bell- ‘Par. 2. Respondent is now, and for some time last past, has been engaged in the sale and offering for sale, in commerce, and has intro- ‘duced, delivered for introduction, transported and caused to be transported in commerce, and has 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 prod- ‘ucts fail 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 scarves. Par. 3. 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 decep- Decision and Order 78 E.T.C.

tive acts and practices in commerce, within the intent and meaning of the Federal Trade Commission Act.

Decision aNnD ORDER 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- ‘tioh 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 ;

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 agree- -ment 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 Mrs. June Douglas is an individual trading as June’s Apparel.

Respondent is engaged in the sale of various textile products, including, but not limited to, scarves with her office and principal place of business located at 109 West Magnolia Street, Bellingham, Washington.

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 Mrs. June Douglas, individually and trading as June’s Apparel, or under any other name, and respondent’s JUNH'S APPARHL L106 1155 Decision and Order representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from manufacturing for sale, selling, or offering for sale, in commerce, or importing into the United States, or introducing, délivering for introduction, transporting or causing to be tranapérted i 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 fabri ic or related material which has been shipped or received in commerce, as “commerce,” “product,” “fabric” or “related material” are defined i in the Flammable Fabrics Act, as amended, which product, fabric, or related thaterial 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 her customers who have purchased or to.whom have been delivered the products which gave rise to this complaint of the flammable nature of said products, and.effect recall of said products from such customers. It is further ordered, That the respondent 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 respondent herein shall, within ten (10) days after service upon her of this order, file with the Commission a special report in writing setting forth the respondent’s 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 September 30, 1970, 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 respondent has 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. Respondent shall submit samples of not less Complaint 18 E.T.C.

than one square yard in size of any such product, fabric, or related -thaterial with this report.

It is further ordered, That the respondent herein shall, within sixty (60) days after service upon her of this order, file with the Commission a report in writing setting forth in detail the manner and form in which she has complied with this order,

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