B. & H. Importing Corp

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In the Marrer or B. & H. IMPORTING CORP., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket 0-2 2298. Complaint, Oct. 2, 1972—Decision, Oct. 2, 1972: Consent order requiring a Middle Village, New York, importer, manufacturer and wholesaler of scarves, footwear and accessories, among other things to cease manufacturing for sale, selling, importing or transporting any product, fabric or related material which fails to conform to an applicable standard of flammability or regulation issued or amended 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, having reason to believe that B. & H. Importing Corp., a corporation, and Paul Silverberg, individually and as an officer of said corporation hereinafter referred to as respondents, have violated the provisions of said Acts and the rules and regulations promulg ated under the Flammable Fabries Act, as amended, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public in- » terest, hereby issues its complaint stating its charges in that respect as follows:

Paracraru 1. Respondent B. & H. Importing Corp., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York. Respondent Paul Silverberg is an officer of said corporate respondent. He formulates, directs, and controls the acts, practices and policies of said corporation. - B. & H. IMPORTING ‘CORP., BT AL. 549 548 Ct Complaint Respondents are engaged inthe manufacture, importation and wholesaling of scarves, footwear and accessories, with their office and principal place of business located at 78-46 Metropolitan: Avenue, Middle Village, New York.

Par. 2. Respondents are now and for some time last past have been engaged in the sale, and offering for sale, in commerce, and in the importation into the United States, and have introduced, delivered for introduction, transported and caused to be transported in commerce, and have 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 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 were scarves.

Par. 8. 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 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 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 of the Federal Trade Commission Act ‘and the Flammable Fabrics. Act, as amended; 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 i in the afore-said 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 Commis-sion’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 the complaint should issue stating its: charges in that respect, and having thereupon accepted the executed’ .§50 FEDERAL TRADE COMMISSION “DECISIONS Decision: and: Order 81. FTC.

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 Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the. following order:

1. Respondent B. & H. Importing Corp., is a corporation organized, .existing and doing business under and by virtue of the laws of the State of New York with its office and principal place of business ]ocated at 78—46, Metropolitan Avenue, Middle Village, New York. - Individual respondent Paul Silverberg is an officer of said corporation. He formulates, directs and controls the acts, practices and policies of said corporation. His: address i ‘is the same as that of the corporate respondent.. Sob ge PG : :

Respondents are engaged i in.. the manufacturing, importing and wholesaling of scarves, footwear and accessories.. z -2..The Federal: Trade Commission has jurisdiction. of the ‘subject “matter of 'this-proceeding. and. of the © respondents, 4 ‘and the ® proceeding .is in-the public interest. mi =: =.

th — It is ordered, That respondents B. & H. Importing Corp., a corporation, its successors and assigns, and its officers, and Paul Silverberg, 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, offering for sale, in com- “merce, 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 an applicable standard or regulation continued in effect, issued or amended under the provisions of the aforesaid Act.

It is further ordered, That the respondent corporation 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 Commission a report in writing setting forth in detail the | manner and form in which théy have complied with this order. ee “Complaint