Jimmae Manufacturing Co., Inc

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In toe Matrer oF JIMMAE MANUFACTURING 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-2251.. Complaint, July 19, 1972—Decision, July 19, 1972. Consent order requiring’'a New York City manufacturer and. seller.of wearing apparel, including women’s jump-pants gowns, to cease manufacturing for sale, selling, importing, or distributing any product, fabric, or related material which fails to conform to an applicable standard of flammability or regulation issued under the provisions of the Flammable Fabrics 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, 494~—S41—72——10 138 . (FEDERAL TRADE COMMISSION :DECISIONS Decision: and Order 81 F.T.C.

having reason: to. believe: that .Jimmae Manufacturing Co., Inc., a corporation and Anthony Matise,. andjvidually. 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 1 issues: its complaint, stating its. ‘charges ‘in that-respect as' follows:

‘ParaGraPa. 1, ‘Respondent Jimmae Manufacturing, Co., Ine, ds a corporation organized, existing and doing, business under and by} virture of the laws of the State. of New-York. Respondent Anthony Matise is an officer of said corporate respondent.-He formulates, directs, and controls the acts, practices and policies of said corporation.., The ‘respondents are engaged: in the business of the. manufacture, sale and distribution. of wearing: apparel, including but.not limited to women’s jump-pants gowns, with their office and principal place of business located at 530.7th:A-venué, New York,.New York... «., Par. 2. Respondents are now and for.seme time last. past have been engaged. in the-manufacture for sale, the. sale or offering for sale, in commerce, and: have -introduced, delivered, for, introduction, , trans- ‘ported and caused: to be transported. i in-commerce, and. have sold or delivered after sale or shipment in. commerce, products as the term “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 women’s jumppant gowns.

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 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 Orper The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of complaint which the Division of Textiles and Furs proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondents with violation JIMMAE ‘MANUFACTURING ©O.; INC.; ET “AL. 139 137° Decision ‘and Order of the Federal Trade Commnission’ Act, ond the Flammable: Fabrics Act, as amended; and’ , ‘The’ respondents and counsel for the Commission having thereafter éxecuted’ ‘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 Comitiission 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 consent agreéement'and placed such agreement on the public record for . a period of thirty (30) days,’ now in further conformity with the procedure prescribed 4 ‘in Section 2.34 (b) of ‘its rules; the Commission hereby issues its complaint, ‘makes the: following Jurisdictional findings, and enters the following order.” *”

“I. Respondent ' Jimmae Manufacturing Co., ‘Ine., is a corporation organized, existitig ‘and ‘doing business ‘under and by virtive of the’ laws of the State of New York.

“Respondent Anthony Matise is an officer of the proposed corporate respondent. He formulates, directs, and controls the acts, pr actices and policies of said proposed corporate respondent. Respondents are engaged in the business of manufacture, sale, and — distribution of wearing apparel, including but not limited to women’s jump-pant gowns, with their office and “principal place of business ‘located at 530 7th Avenue, New York, New York. 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. :

ORDER It is ordered, That respondents Jimmae Manufacturing Co., Inc., a corporation, its successors. and assigns and its officers, and Anthony Matise, individually and as an officer of said corporation, and respondents’ agents, representatives, and employees, directly or through any corporation, subsidiary, division 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, delivering for introduction, transporting or causing to be transported, in commerce, or selling or delivering after sale or shipment in com- 140 FEDERAL. TRADE COMMISSION. DECISIONS Decision and Order 81 F.T.C.

merce 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 any applicable standard or regulation continued in effect, issued or amended 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 this complaint. of the flammable nature of:said products, and effect 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. : Tt 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 June 12, 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 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 2 any. such product, fabric, -or related material with this report.

It is further ordered, That respondents notify the Commission at least 30 days prior to any proposed change in the corporate respondent such as dissolution, assignment or sale resulting in the emergence of a sticcessor corporation, the creation or dissolution of subsidiaries or any ‘DIRITO MOTORS, ET AL. 141 187 : Complaint other change i in the corporation’ which may affect compliance obligations arising out of the order.

- It is further ordered, That the corporate respondent 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 Comimission a report’ in ‘writing setting forth in detail the mannet and: form: in which they have > complied, with this order. :