Goldfarb-Fischer Novelty, Inc

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GOLDFARB-FISCHER NOVELTY, INC., ET AL. 153 Complaint _. In rae Marrer or a ‘GOLDFARB-FISCHER NOVELTY, INC. ET AL.

CONSENT ORDER, ETC., IN REGARD TO, THE “ALLEGED VIOLATION | OF THE | FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS’ ACTS, : dFey ‘Docket’ 10-2255, ‘Compiaint, uy 19, 1912--Decision, Uy; 19; 1972, - Consent order requiring a ‘Hialean, Florida, importer and seller of. wearing ‘apparel; including’ but nt limited’ to’ ‘dardigan ‘shirts and ‘childrens’ novelty pants, to cease manufacturing for‘ Sale; importing, Sélling, transporting: any product, fabric, or related material which fails to conform to an applicable standard or regulation issued or amended-under the provisions of the Flammable Fabrics Act.

Poa Comprainr Pursuant. to. the: provisions of. the. Federal Trade Commission. Act and the Flammable Fabrics Act, as amended, and by virtye_ ‘of the authority ‘vested: in. it, by. said ‘Acts, the Federal Trade Commissién, having. reason ‘to believe, that Goldfarb- Fischer Novelty, In¢., & COrporation.and Phillip Goldfarb, Arthur D. Fischer: and Walter: ‘Pischer, ‘individually and as officers 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 issues its complaint, stating its charges in that respect as follows: Paracrary 1. Respondent Goldfarb-Fischer Novelty, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of Florida. Respondents Phillip Goldfarb, Arthur D. Fischer and Walter Fischer are officers of said corporate respondent. They formulate, direct and control the acts, practices and policies of said corporation.

The respondents are engaged in the business of importation, sale and distribution of wearing apparel, including but not limited to cardigan shirts, childrens’ novelty pants, scarves and pillow covers, with their office and principal place of business located at 705 West 20th Street, ' Hialeah, Florida.

Par. 9. Respondents are now and for.some time last past have been engaged in the importation for sale, the sale or offering for sale, in commerce, and have introduced, delivered for introduction, transported 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 494-841—73——11 154 FEDERAL TRADE ‘COMMISSION DECISIONS Decision ‘and’ Order 81 F.T.C.

Act, as amended, which products failed to conform to an applicable standard or regulation continued in effect, issued or amended under the — provisions of thé Flamniable Fabrics ‘Act, as amended. Among such products were cardigan shirts. _ 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.

“Decrston” 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 havitig been furnished thereafter with a copy of a ‘draft of complaint which the Atlanta, Regional Office proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondents with vielation of the Federal Trade Commission Act and the Flammable Fabrics Act ; and The respondents and counsel for the Commission having thereafter executed 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 Commission 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 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 issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Goldfarb-Fischer Novelty, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of Florida. Its offices and principal place of business is located at 705 West 20th Street, Hialeah, Florida. . GOLDFARB-FISCHER NOVELTY; INC., ET AL. 155 153° Decision and Order “ Respondents Phillip Goldfarb, Arthur D. Fischer..and Walter Fischer are-officers of said corporation... They: formulate; direct -and. control the: policies, acts and: practices. of the corporate respondent including‘ those hereinafter referred ‘to, The address of Phillip. Goldfarb, Arthur D. Fischer and Walter Fischer isthe same as that of the corporate respondent. 08 ioe y ren L, 2. The Federal Trade Commission has jurisdiction of the subject matter’ of this proceeding and of the respondents, and the proceeding is inthe public interest. Be ny ot Tt is ordered, That respondents Goldfarb-Fischer Novelty, Inc., a corporation, its successors and assigns and its’ officers, and Phillip Goldfarb, Arthur D. Fischer and. Walter Fischer, individually and as officers 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 commerce 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. It 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 156 FEDERAL ‘TRADE COMMISSION: . DECISIONS: Decision and Order 81 F.T.C, 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 December 23, 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 i in size of any such product, fabric or related, material, with thisreport. _ It. is further ordered, “That paidents notify the Commission’ at least thirty (30) days, prior to any proposed change i in the corporate respondents such as. dissolution, assignment or ‘sale ‘resulting i in the emergence of a.successor corporation, the creation or dissolution ‘of subsidiaries or any other change i in the corporation which 1 may affect compliance obligations arising out of the order. Itis further ordered, That the corporate respondent shall forthwith distribute a copy of this order to each of its operating divisions. It is further ordered, Respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report, in writing, setting forth in detail the manner and form’ in which they have complied with this order.