Jomac Lace & Embroidery Company

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In THE MATTER OF JOSEPH SPIEGELMAN ‘ravine as JOMAC LACE & EMBROIDERY COMPANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-1956. Complaint, June 29, 1971—Decision, June 29, 1971 Consent order requiring a New York City individual trading as the Jomac: Lace & Embroidery Company to cease violating the Flammable Fabrics Act by importing or selling any fabric, including lace, which fails to con-form 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 Joseph Spiegelman, an individual trading as Jomac Lace & Embroidery Company, 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 Joseph Spiegelman, an individual trading as Jomac Lace & Embroidery Company, operates his business as. a single proprietorship in the State of New York. 1342 FEDERAL: TRADE COMMISSION DECISIONS Decision and Order 78 F.T.C.

The respondent is engaged in the business of the importation, sale, and distribution of fabrics including, but not limited to lace with his office and principal place of business located at 110 West 40th Street, New York, New York.

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 introduced, delivered for introduction, transported and caused to be transported in commerce, and has sold or delivered after sale or shipment in commerce, fabric as “commerce” and “fabric,” are defined in the Flamable Fabrics Act, as amended, which fails to conform to an applicable standard or regulation continued in effect, issued or amended under the provisions of the Flammable Fabrics Act, as amended. a Among such fabric mentioned hereinabove was lace. 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 as such 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 respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Division of Textiles and Furs, Bureau of Consumer Protection proposed to present to the ‘Commission for its consideration and which, if issued by the Commission, would charge the 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 the 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 havng determined that it had reason to believe that the respondent has UUW Ou OF PVE DIULUEI EE UU. : L040 1341 Decision and Order 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 (80) 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 Joseph Spiegelman is an individual trading as the Jomac Lace & Embroidery Company. He operates his business as a single proprietorship in the State of New York. Respondent is engaged in the business of the importation, sale,. and distribution of fabrics, including but not limited to lace with. his office and principal place of business located at 110 West 40th Street, New York City, New York.

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 Joseph Spiegelman, an individual trading as Jomac Lace & Embroidery Company, 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 selling or 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 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 any applicable standard or regulation continued in effect, issued or amended under the provisions of the aforesaid Act. Tt ts further ordered, That respondent notify all of his customers. who have purchased or to whom has been delivered the fabric which gave rise to this complaint of the flammable nature of said fabric,. and effect recall of said fabric from such customers. Lt is further ordered, That the respondent 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. lt is further ordered, That the respondent herein shall, within ten: 1344 FEDERAL TRADE COMMISSLUNN vewanivaey Decision and Order 78 F.T.C.

(10) days after service upon him 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 fabric which gave rise to the complaint, (2) the amount of said fabric in inventory, (3) any action taken and any further actions proposed to be taken to notify customers of the flammability of said fabric and effect the recall of said fabric from customers, and of the results thereof, (4) any disposition of said fabric since April 3, 1970 and (5) any action taken or proposed to be taken to bring said fabric into conformance with the applicable standard of flammability under the Flammable Fabrics Act, as amended, or destroy said fabric, 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. The respondent shall submit samples of not less than one square yard in size of any such product, fabric or related material with this report.

It is further ordered, That 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 gorm in which he has complied with this order.