Benjamin Kaplan and Company

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In tue Marrer or HENRI F. KAPLAN rrapine as BENJAMIN KAPLAN AND COMPANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-2000. Complaint, Aug. 4, 1971—Decision, Aug. 4, 1971 Consent order requiring a North Hollywood, Calif., importer and seller of women’s’ and misses’ wearing apparel, including ladies’ scarves, 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 F ‘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 Henri FEF. Kaplan, an individual trad:, ing and doing business as Benjamin Kaplan and Company, hereinafter refer red 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 bein the public interest,, hereby issues its complaint stating its charges in that respect as} follows:

_ Paracrary 1. Respondent Henri F. Kaplan i is an individual, trad, ing and doing business under the name of Benjamin Kaplan and: Company, with his principal. office and place of business located ‘at 12522 Burbank Boulevard, in the city of: North. Hollywood, State of California.

Par. 2. Respondent is is now, and for some time last past has been, , engaged in the importation and.sale of women’s and misses’ wearing: apparel, including, but not limited to, ladies’ scarves, 182 FEDERAL’ TRADE COMMISSION DECISIONS Complaint 79 ETC.

Par. 3. 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, products, as the terms “commerce,” and “product” are defined in the Flammable Fabrics Act, as amended, which products 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 of 100 percent Rayon in two styles.

Par. 4. 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 Bureau of Consumer Protection 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, ag 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 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 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 Section 2.34 (b) of its rules, the Commis- 181. ’ Decision and Order sion hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

1. Respondent Henri F. Kaplan is an individual, trading and doing business as Benjamin Kaplan and Company. He is engaged in the importation and sale of women’s wearing apparel, including ladies ‘scarves, with his office and principal place of business located at 12522 Burbank Boulevard, North Hollywood, California. 2. The Federal Trade Commission has jurisdiction of the subject matter of this. proceeding. and of the respondent, and the proceeding is in the public interest.

ORDER Tt is ordered, That the respondent, Henri F. Kaplan, individually, -and trading and doing business as Benjamin Kaplan and Company, or under any other name or names, and the respondent’s agents, representatives 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 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. Tt is further ordered, That respondent notify all of his customers who have purchased or ts 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 respondent herein shall 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 him of this order, file with the Commission a special report in writing setting forth the respondent’s inten- ‘tions 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, (8) any action taken and any further -actions proposed to be taken to notify customers of the flammability 470-883—13——-18 Decision and Order 79 ¥.T.C.

of said products and effect the recall of said products from customers, and of the results thereof, (4) any disposition of said products since August 31, 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 than one square yard in size of any such product, fabric, or related material with this report. It is further ordered, That the 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 form in which he has complied with this order.