Israel Wolman
Volume 81 · 81 F.T.C. 134
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Israel Wolman, 81 F.T.C. 134 (1972). Consumer Law Library, https://consumerlawlibrary.org/decisions/v081-0013
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‘iy tm Marrer oF ISRAEL WOLMAN CONSENT. ORDER, ETC., IN REGARD TO THE ALLEGED: VIOLATION. OF THE FEDERAL TRADE COMMISSION AND THE. FLAMMABLE FABRICS -ACTS Docket C-2250. Complaint, July 19, 1972—Decision, July 19, (1972. Consent order requiring a. Miami, Florida, dry goods jobber to cease selling, importing, or transporting any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended under the Flammable Fabrics Act: :
Comenatnt 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 Israel Wolman, an individual doing business under his own name, 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:
ISRAEL WOLMAN . 135 134°. - Decision and Order ..Paracrarn 1. Respondent Israel Wolman is an individual doing -_business.under his own name, The respondent i isa jobber of dry goods, ‘ including. but not limited. to women’s scarves, with his office and principal . place of business: located. at 14541 N.E. 2nd Avenue, Miami, .Florida.-.. ;
Par. 2. ‘Respondent | is now and for some time last past. has ‘been engaged in the sale and offering for sale, in commerce, and hag introduced, delivered for. introduction, transported and. caused to be transported i in-commerce, and has sold or delivered after sale of shipment i in commerce, products, as “commerce” and “product,” are defined in the -Flammable Fabrics Act, as amended, which fail. to conform. to an : applicable standard | or “regulation continued in ‘effect, . issued or amended under the provisions of the F lammable Fabri ics Act, as amended.
Among such products mentioned hereinabove were scarves. Par: 8. 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 decep- ‘tive 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 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 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 Decision and Order 81 F.T.C.
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 2.84(b) of its rules, the Commission hereby i issues its complaint, makes the following jurisdictional find- ings, and enters the following order:
1. Respondent Israel Wolman is an individual doing business under his own name. He is a jobber of dry goods, including ladies’ scarves, with. his office and principal place of business located at 14541 N. E. 2nd Avenue, Miami, Florida. — 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 Israel Wolman, an individual doing ‘business under his own name, or 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, 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 and 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.
It is further ordered, That respondent notify all of his 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 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 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 JIMMAE’-MANUFACTURING CO., INC., ET AL. 137 134 | ; Complaint advise the Commission fully and specifically concerning (1) the identity of the product 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 and of the results thereof, (4) any disposition of said: products since March 26, 1971, 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.