American Body Armor and Equipment

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IN THE MA TTER OF AMERICAN BODY ARMOR AND EQUIPMENT, INC.

CONSENT ORDER, ETe. . IN REGARD TO ALLEGED VIOLATION OF SEe. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket 3539. Complaint, Oct. 1994--Decision. Oct. . 1994 This consent order prohibits, among other things, a Florida-based company from misrepresenting that its bullet-resistant garments are certified, approved, endorsed, or sanctioned by any government body or private organization. addition, the respondent is required to contact certain past purchasers and offer to provide replacement vests at a reduced cost. Appearances For the Commission: Lisa B. Kopchik, Joel C. Winston and Maureen Enright.

For the respondent: Eugene Gulland, Covington Burling. Washington, D.

COMPLAINT The Federal Trade Commission, having reason to believe that American Body Armor and Equipment, Inc. , a corporation hereinafter sometimes referred to as respondent, has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges:

PARAGRAPH I. Respondent American Body Armor and Equipment, Inc. is a Florida corporation, with its office and principal place of business located at 85 Nassau Place, Yulee, Florida. PAR. 2. Respondent has manufactured, advertised, marketed offered for sale, sold and distributed personal body armor, also known as bullet-resistant vests . to the public, including police departments and other law enforcement agencies. Body armor consists of a ballistic panel made up of a number of layers of ballistic resistant fabric, enclosed in a cover. Body armor is intended to protect the wearer from gunfire.

AMERICAN BODY ARMOR AND EQUIPMENT, INe. 983 982 Complaillt PAR. 3. The acts and practices of respondents alleged in this complaint have been in or affecting commerce. PAR. 4. In the course of advertising, promoting, soliciting the sale of and selling its body armor, respondent has represented directly or by implication, to purchasers and potential purchasers of its armor, that its body aror has been certified by the National Institute of Justice ("NIJ") as complying with NIl's current voluntar performance standard, Ballistic Resistance of Police Body Armor (Standard 0101.03) (April 1987) (" 03 Standard" PAR. 5. In truth and in fact, in numerous instances, the body armor respondent has sold has not been certified by NIJ as complying with the .03 Standard, because said body armor differs significantly from that certified by NIJ in certain respects, including but not limited to one or more of the following:

a. Waterproofing on the ballistic panel;

b. Configuration of stitching on the ballistic panel, including label-stitching through the ballistic panel; c. The type of material used on the vest covers; d. The presence or absence of foam padding on the vest cover; e. The removability of the cover from the ballistic panel; and f. The method of closure of the vest (e. front closure or side closure).

Therefore, the representation as set forth in paragraph four was, and , false and misleading.

PAR. 6. Respondent has disseminated or has caused to be disseminated advertisements and promotional materials for body armor treated with "Black Magic" treatment. Typical of respondent advertisements and promotional materials, but not necessarily allinclusive thereof, are the attached Exhibits A through D. The aforesaid advertisements and promotional materials contain the following statements:

1. "Black Magic ... strengthens Kcvlar, the material used in soft body armor better than any other treatment. Wear the best. " (Exhibit A) 2. "Less Lavers. MQIT Protection ... The more layers of Kevlar ... the better protection - until Black Magic. Back Magic ... tOllghener strengthens our vest to eliminate heavy, uncomfortable and unnecessary layers with no loss of performance." (Exhibit B) (emphasis in original) Complain! 118 FTC. 3. "The ballistic technicians at American Body Armor, manufacturer of lightweight police aror, invented Black Magic .... This technological breakthrough is unparalleled in the industry. When Kevlar is treated with Black Magic, a chemical fusion takes place. The fusion of Kevlar and Black Magic produces a tougher stronger and longer lasting product. A Level II garment with Black Magic treated Kcvlar contains only 17 plies. The extra weight and discomfOI1 of 5-7 unnecessar plies of Kcvlar has been eliminated, with no loss of ballistic performance. In fact American Body Armor effectively exceeds current U.S. Government backface deformation critcria. " (Exhibit C) 4. "Black Magic increases comfort and performance in the following ways ... Black Magic effectively controls blunt trauma. " (Exhibit D) PAR. 7. Through the use of the statements set forth in paragraph six, and others not specifically set forth herein, respondent has represented, directly or by implication, that Black Magic treatment effectively improves the ballstic performance of respondent s body aror. PAR. 8. Through the use of the statements set forth in paragraph six, and others not specifically set forth herein, respondent has represented, directly or by implication, that at the time it made the representation set forth in paragraph seven, respondent possessed and relied upon a reasonable basis for such representation. PAR. 9. In truth and in fact, at the time respondent made the representation set forth in paragraph seven, respondent did not possess and rely upon a reasonable basis for such representation. Therefore, respondent s representation as set forth in paragraph eight was, and is, false and misleading.

PAR. 10. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices in or affecting commerce, in violation of Section 5(a) of the Federal Trade Commission Act.

AMERICAN BODY ARMOR AND EQUIPMENT. INC. 985 982 Complaint EXHIBIT A Complaint 118 F.T.c. EXHIBIT B THE BEST TH BEST Less Layers:

More Protection.

bll' in Nay, light Blue, G , Gr?. Tan While. Black and Camoutlage .r. t"f American Body Armor & Equipment, Inc.

P.O. Box 1769 Fernandina Beach Florlca 32034 US, Ci",K No. 5"" RNI"/loan,"";o r.,d (904) 261- 4035. TLX ti697,17() ABAVEST \.,, ::, .. .

AMERICAN BODY ARMOR AND EQUIPMENT. INC. 987 982 Complaint EXHIBIT C s\:.

BLACK MAGIC TECHNOLOGY ""n'- ',$2,1 Black Magic Perfonnance ..'" No. '-' Until now there wa no sere to the construction 01 Jightight concealable armor. It wa pl'ousJy thought the more plies of Keaf" added, the greater the ballistic CapiJit.

For example: Some industry expert Quote the lollOYing concerning 1000 denier 31 X 31 ballistic grade Kela Boy armor intended tor use as a j 1 rr garment should contain 22.24 individual plies of Kela The baWstic technicians at American Boy Armor manufacturer of lightwight poic ar. invnted Blac Magic Paent No. 4,522,871 This technological break.

Conventional Untreated Kevls.. through is unparlleled in the industry. This .357 Magnum 158 gr. bullet at 127A Ip- When Ke is trat wi Black Magic. store through many layers of conventional a chemica fusion take place. The fusion l.I1treale( Kela of Keat4 and Black Magic prouces a tougher stronger and longer lasting Pr:uct. A lel II garment with Black Magic trealed Ke'a contains only 17 plies. The extra weigh! and discomfort of 5-7 unnecessry plies of Kelat! has ben eliminated, wih no los 01 ballistic penormance. In fact. American Body Armor eHecilJly exceeds current U.

Government backlace deformation crieria.

Th Fresh and Delopmem Team at Americ3 Boy Armor is constntly sekingtenowaysof B!ackloulilizeMagic,theenhancingadvancedIhe full range of product manufactured by Amrican Boy Armor.

WUh Black Magic The .357 Magnum 158 gr. bullel aI1277lp- AMERICAN was stopped on the surtace of the Kelar"- les' CDY ARMOR IPMENT. INC. Touge: JrealeC Wlt Black Magrr Palenl No I: E xJ Ci ,,,, Complain! 118 FTC. EXHIBIT D STANDARD FEATURE With An Concealable Vests SHOK PLAl The Shok Plate IS a comfonabl, Iightwi;;h1 non-ricochet metal insen In"

profects the hean and sternum. Thl Stlok PJa1e can be easily shaped by Ih! wearer for a perfect comfortble lit, It light'ight . undeteetble and can bE removd if desired.

The Stlok Plate helps to protect age ins the folJoving in conjunction with vest . Knives, icepicks and shar instruments 2. Impact and blunt trauma received Irom car wrecks, magnums. shotguns and blunt instruments.

BLACK MAGIC "o.4.522.r Black Magic increases comlon and performance in the following ways.

1. rall weigh! of ballstic garment is considerably reduced.

2. Black Magic gives our vests "shape memory" . The vest stys smooth at all times nevr devloping any uncomton.

able bumps or lumps.

WE GUARANTEE IT! 3. slac Magic effecively controls blunt trauma. All American BOdy Armor vests exceed current U. governmen1 backtace deformation criteria Tapered Edges, High Quality Materials Elastic Straps, Velcro Closure All ws ar tully tare and easily con.

cealmariunderar ausunifrmfor ashir1.dependableTop qualitylong lasing product. Elasic s1ras are used to allow the Ye to confrm and move with ur boy. All vest have velcro dosure for an adjust comfortle 1;1. STANDARD SELECTION WITH AU CONCEABLE VESTS TW TYPES OF VEST COVERINGS "ER",.HE"" P,c. nBO"mI42Cll """Y'on "AHD'tti"8U "UfW". 08 10 kM m""l1uro one 1""-rir)o'Utungt.IIIOl'CpOnOI,per .r.n"".,re..tyl'\I OU8M""IO""fI;"""""lllepe Noble "SDI MA.!'IHE -.tiAIILf !""O"'"'C."'. ..iI T OlJTE IEJ ",UIII' """ 0" re c:rDC,,!I.Ullm,c po,,,"oou!.'ca"'e' t)ll"\I p8_""rep"".n"O"',,O'''L ' po "''''.MulO'I.'''''''''''.NtJu""OI'''g, .n,..r u'.'M e '''0'.0 "YQ , AMERICAN BODY ARMOR AND EQUIPMENT INe. 989 98:! Decision and Order 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 respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by 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 Act, 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 sixty (60) days, and having duly considered the comments received, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

I. American Body Armor and Equipment, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of Florida, with its offce and its principal place of business at 85 Nassau Place, Yulee, Florida; 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 I. For purposes of this order body armor" or "vest" shall mean any garment intended to protect the wearer s torso against gunfire. , ,, Decision and Order 118 FTC. 2. For purposes of this order 03 Standard" shall mean the U. Department of Justice, National Institute of Justice ("NIl"), Ballistic Resistance of Police Body Armor (Standard 0101.03) (April 1987). 3. For purposes of this order, "NIl-certified" shall mean certified by the National Institute of Justice under the current .03 Standard under any subsequent modification, amendment or revision of that Standard, or under any new Standard for body armor promulgated by NIl 4. For purposes of this order eligible purchaser" shall mean any individual or organization that purchased in the United States body armor manufactured by respondent that is labeled or otherwise represented in any manner as complying with or certified under the 03 Standard, where the manufacture of said body armor took place (a) prior to January I, 1990; or (b) between January 1 , 1990, and the date of service of this order if the body armor differs from the corresponding NIJ-certified model in any of the following respects, excluding minor deviations unavoidable due to the manufacturing process:

1. Waterproofing on the ballistic panels;

ii. Configuration of stitching on the hallistic panels, including label-stitching through the ballistic panels, or stitching of the ballistic panels that penetrates the cover;

iii. The method of closure of the vest (e. front closure or side closure);

iv. The number of ballistic panels that comprise the vest; v. The carrier, unless the sole difference from the corresponding NIJ-certified model is that the carrier is (a) a different color or a different fabric, or (b) backed with foam for flotation purposes, where the corresponding NlJ-certified model was not backed with foam, or (c) designed to be permanently attached to the ballistic panel where the carrier on the corresponding NlJ-certified model was designed to be removable; or elements; or (b) that vi. Any other change: (a) to the ballistic otherwise may diminish the level of ballistic protection provided by the vest.

5. For purposes of this order concealable body armor" shall mean body armor intended to be worn underneath the wearer s clothing, except for the "concealable tactical" vest. , AMERICAN BODY ARMOR AND EQUIPMENT. INe. 991 982 Decisioll and Order 6. For purposes of this order, "tactical body armor" shall mean body armor intended to be worn over the wearer s clothing and shall include the "concealable tactical" vest.

7. For purposes of this order purchased in the United States shall mean (a) purchased in the United States or its possessions or territories; or (b) sold to any individual who is a citizen of the United States or its possessions or territories, any organization incorporated in the United States or its possessions or territories, or any United States government entity.

It is ordered, That respondent American Body Armor and Equipment, Inc. ("ABA"), a corporation, its successors and assigns and its officers, agents, representatives and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the advertising, labeling, packaging, offering for sale, sale or distribution of any body armor in or affecting commerce as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting, directly or by implication, in any manner:

A. That any such body armor is or has been certified under or in compliance with the . 03 Standard, is NIl-certified, or is approved cndorsed, or sanctioned by the National Institute of Justice; B. That any such body armor is equivalent to, comparable to, the same as, or similar to any other body armor that is NIJ-certified; and C. That any such body armor is certified under or in compliance with any performance standard, or is approved, endorsed . or sanctioned by any governmental body or private organization. It is further ordered That respondent, its successors and assigns, and its officers, agents, representatives and employees, directly or through any corporation, subsidiary. division . or other device . in connection with the advertising, labeling, packaging. offering for sale, sale or distribution Df any body armor purchased in the United States in or affecting commerce, as "commerce" is dcfined in the Federal Trade Commission Act, do forthwith cease and desist from , Decision and Order 118 FTC. representing, directly or by implication, in any manner, that any such body armor provides any specified threat level or degree of ballistic protection or is tested, approved, endorsed, certified or sanctioned unless such body armor:

A. Is NIJ-certified at the represented threat level, or B. Has been certified to meet the specified threat level under a different ba1lstic standard or test, provided that respondent discloses clearly and prominently in close proximity to the representation (I) The standard or test under which the body armor is certified or tested, including the person or organization that promulgated that standard or conducted the test, and (2) That the standard used or test conducted is different from the National Institute of Justice Standard, if any National Institute of Justice body armor standard is then in effect. It is further ordered That respondent, its successors and assigns and its offcers, agents, representatives and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the advertising, labeling, packaging, offering for sale, sale or distribution of any body armor in or affecting commerce as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, directly or by implication, in any manner, the ballistic efficacy or performance of Black Magic or any other treatment applied to the ballistic panel of any body armor unless, at the time of making such representation respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation. For purposes of this provision competent and reliable scientific evidence" shall mean tests, analyses, research, studies or other evidence conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted by others in the profession or science to yield accurate and reliable results. AMERICAN BODY ARMOR AND EQUIPMENT. INe. 993 982 Decision and Order IV.

It is further ordered That respondent, its successors and assigns and its offcers, employees, agents and representatives, shall offer replacement body armor to purchasers of respondent's body armor in accordance with the provisions of this Part. A. Notification of Eligible Purchasers I. Within 30 days from the date of service of this order, respondent shall compile a current mailing list containing the names and last known addresses of eligible purchasers following the procedures set out below.

a. Respondent shall search its own files for the names and addresses of such purchasers; and b. Respondent shall use its best efforts to identify other such purchasers, including but not limited to sending the Jetter set forth in Appendix A to all of its wholesalers, distributors, retailers or others to whom it sold or provided body armor for resale to the public. In the event that any such entity fails to provide any names or addresses of eligible purchasers in its possession, respondent shall provide the names and addresses of all such entities to the Federal Trade Commission within sixty (60) days of service of this order. 2. Within 30 days from the date of service of this order, respondent shall mail the following items by first class mail, certified, return receipt requested, to the last known address of no fewer than onethird of eligible purchasers named on the mailing list compiled in accordance with Part IV.A.!:

a. A dated and signed armor notification letter in the form set forth in Appendix B to this order ("armor notification b. A replacement program description in the form set forth in Appendix C to this order;

c. An armor application in the form set forth in Appendix D to this order ("armor application d. A price Jist in the form set forth in Appendix E to this order; Decislon and Order 118 FTC. e. A copy of the most recent edition of respondent s catalog containing aH models ofrespondent s body armor listed on Appendix E; and f. A request for extension of time in the form set forth in Appendix F to this order ("extension form The front of the envelope transmitting the above items shah be in the form set forth in Appendix G to this order. The phrase ATTENTION: BODY ARMOR REPLACEMENT PROGRAM"

shah appear on the front of the envelope in typeface equal or larger in size to that set forth in Appendix G. The envelope shah bc addressed to the head of the organization to which it is sent (if an organization), and the words "Forward & Address Correction Requested" shall appear in the upper, left-hand corner one-quarter of an inch beneath the return address. Except as otherwise provided by this order, no information other than that required by this Part shall be included in or added to the above items, nor shall any other material be transmitted therewith.

3. Within 75 days from the date of service of this order, respondent shah mail those items set forth in Part IV. 2(a-f) by first class mail, certified, return receipt requested, to the last known address of no fewer than two-thirds of eligible purchasers named on the mailing Jist compiled in accordance with Part IV.

4. Within 120 days from the date of service of this order, respondent shah mail those items set forth in Part IV. 2(a-f) by first class mail, certified, return receipt requested, to the last known address of each eligible purchaser named on the mailing list compiled in accordance with Part IV.

5. Respondent shah also mail the itcms listed in Part IV. 2(ato any person or organization not on the mailing list prescribed in Part IV.A.l about whom respondent later receives information indicating that the person or organization is likely to be an eligible purchaser, and to any purchaser whose armor notification is returned by the S. Postal Service as undcliverable and for whom respondent thereafter obtains a corrected address. The mailing required by this subpart shan be made within ten (10) days of respondent s receipt of a corrected address or information identifying each such purchaser. 6. Respondent shah also mail the itcms listed in Part IV.A.2(ato any person or organization who otherwise meets the definition of eligible purchaser" contained in this order but has failed to make aH AMERICAN BODY ARMOR AND EQUIPMENT. INC. 995 982 Decision and Order payments due for the body armor to be replaced. Said mailing shah include an additional letter stating that the purchaser is not eligible for participation in the replacement program until the purchaser has made payment in fuH for the body armor to be replaced, and stating the amount due.

B. Respondent s Obligation to Provide Replacement Body Armor Respondent shah provide replacement body armor to each eligible purchaser who submits a completed armor application to respondent within one-hundred and twenty (120) days after the purchaser s receipt of the armor notification and other items required by Part IV. 2(a-f) of this order.

I. Respondent shan not charge any such purchaser who complies with the requirements of this Part an amount greater than that listed in Appendix E to this order for the selected model, provided that respondent shall not impose any additional charge, on the basis of a late payment or a late return of the body armor to be replaced, on any purchaser who meets said requirements within ten (10) business days of the deadlines provided for hy subparts IV. 7 and IV.E.9. 2. Respondent shan extend the time for submitting a completed application for each eligible purchaser who, within 120 days of his or her receipt of the armor notification, returns a completed and signed extension form to respondent or otherwise notifies respondent in writing that he or she is unable to apply for replacement body armor within 120 days due to specified procurement or purchasing regulations, procedures, policies or other official requirements, and requests an extension of time to apply. Respondent shall extend the time for application in the amount of time requested by the purchaser up to a maximum of eighteen (18) months from the date of receipt of the armor notification.

3. In any case where respondent is unable to provide replacement body armor to a purchaser due to an incomplete or deficient armor application, respondent shall within fifteen (IS) business days of receipt of the application mail to the purchaser a written notice of the deficiency. The purchaser shan have the amount of time remaining in the 120 day period. but in any case no less than fifteen (IS) days from the date of receipt of the notice, in which to submit a completed armor application.

Decision and Order 118 FTC. 4. The replacement body armor shall be in the sizes and models specified by the purchaser. The purchaser shall have the option of selecting any model offered by respondent of the threat level of the replaced body armor and listed in Appendix E; or, if no vests are offered at that threat level, any model offered by respondent of the next highest threat level available; provided that respondent shall not be required to provide a tactical body armor model as a replacement for concealable body armor.

5. The replacement body armor shall be new and shall not differ from the corresponding NIJ-certified model, other than differences in size, color and minor deviations unavoidable due to the manufacturing process, unless the purchaser requests in writing modification(s) to the body armor, respondent agrees to such modification(s), and respondent informs the purchaser in writing that such differences may affect the NIJ-certification status of the body armor. Provided that if any binding law, rule, or regulation is promulgated that prohibits the sale or distribution of body armor which is not NIJ-certified, this order shall not be construed to authorize respondent to make any modifications to a purchaser s replacement body armor that would cause the body armor to violate such law, rule or regulation. 6. Respondent shall ship, at its cost, all replacement body armor selected by the purchaser within sixty (60) days of its receipt of the completed aror application and any payment required by this order. 7. Respondent shall not require the tendering of any payment for the replacement body armor except as follows: (a) For law enforcement units, governmental entities, military units, businesses, firms, educational institutions or other institutional purchasers, full payment as set forth in Part IV. l within 30 days of the purchaser s receipt of the replacement body armor. (b) For individual purchasers, full payment as set forth in Part IV. I at the time of the delivery of the replacement body armor (C.O.

8. Respondent shall notify the Commission or its designated staff of its intent to refuse a request for an extension of time in which to submit an armor application. The final determination of eligibility for an extension of time shall rest with the Commission or its designated staff and shall be made within a reasonable time. If the Commission or its designated staff determines that the purchaser is AMERICAN BODY ARMOR AND EQUIPMENT, INe. 997 982 Decision and Order not eligible for an extension of time, respondent shall, within fifteen (15) business days of receiving the determination of ineligibility, send to the purchaser by first class mail, certified, return receipt requested, a written notice of his or her ineligibility. The purchaser shall have the amount of time remaining in the 120 day period, but in any case no less than fifteen (15) days from the date of receipt of the notice of ineligibility, to submit a completed armor application. 9. Respondent shall not require the return to it by the purchaser of the body armor to be replaced until sixty (60) days after the purchaser s receipt of the replacement body armor. C. Respondent s Record-Keeping Requirements Respondent, its successors and assigns, shall, for three (3) years after the date of service of this order, maintain and upon request make available to the Federal Trade Commission or its staff for inspection and copying:

I. Sufficient records to identify:

a. The name and address of each eligible purchaser; b. The name and last known address of each person sent an armor notification pursuant to Part IV. 2 of this order and the date the armor notification was mailed;

c. The name and last known address of each person sent an aror notification pursuant to Part IV. 3 of this order and the date the armor notification was mailed;

d. The name and last known address of each person sent an armor notification pursuant to Part IV.A.4 of this order and the date the armor notification was mailed;

e. The name and last known address of each person sent an aror notification pursuant to Part IV.A.S of this order and the date the armor notification was mailed;

f. The name and last known address of each person sent an aror notification pursuant to Part lV.A.6 of this order and the date the armor notification was mailed;

g. The name and address of each purchaser who returns an extension form or otherwise notifies respondent in writing that he or she is unable to file an armor application within 120 days due to procurement or purchasing regulations. procedures, policies or other Decision and Order 118 FTC. official requirements and requests an extension of time, and the disposition of each such request.

h. The name and address of each purchaser who is notified by respondent that his or her armor application is deficient; i. The name and address of each wholesater, distributor, retailer or other sent a letter pursuant to Part IV.A.I(b) of this order and the date the letter was mailed;

j. For each purchaser who applied for replacement body armor pursuant to Part IV.

(J) The name and last known address;

(2) The date the armor application was received; (3) The date the replacement body armor was shipped; (4) The model number and threat level of the replacement body armor;

(5) The total number of body armor uni ts replaced; (6) The IOtal price paid for the replacement body armor. 2. The name and last known address of each person who requested replacement body armor and was refused, the reason for each refusal and the dates of the request and refusal. 3. Sample copies of alj letters, descriptions, applications and fonns sent to purchasers or others pursuant to this order. 4. Each and every armor application received from respondent purchasers.

5. Each and every extension form received from respondent purchasers.

6. Alj correspondence relating to any purchaser s request for an extension of time in which to file an application for replacement body armor.

7. Alj correspondence and written memoriaJizations of oral communications, not otherwise covered by this Part, relating to the replacement of respondent s body armor pursuant to this order between respondent and any person.

It ;s further ordered That respondent, its successors and assigns shall, for three (3) years after the date of the last dissemination of the representation to which they pertain, maintain and upon request make AMERICAN BODY ARMOR AND EQUIPMENT. INe. 999 982 Decision and Order available to the Federal Trade Commission for inspection and copymg:

A. All materials that were relied upon by respondent in disseminating any representation covered by this order; and B. All reports, tests, studies, surveys, demonstrations or other evidence in respondent s possession or control that contradict qualify, or call into question such representation, or the basis upon which respondent relied for such representation, including complaints from consumers.

VI.

It is further ordered That respondent shall notify the Commission at least thirty (30) days prior to any proposed change in the respondent such as a dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in thc corporation that may affect compliance obligations under this order. The respondent shall require, as a condition precedent to the closing of any sale or other disposition of all or a substantial part of its assets, that the acquiring party fj1e with the Commission, prior to the closing of such sale or other disposition, a written agrcement to be bound by the provisions of this order.

VII.

It is ji,rther ordered That within 45 days from the date of service of this order, respondent shall mail a letter in the form set forth in Appendix H to this order to all operating divisions, subsidiaries officers, managerial employees, all of its employees engaged in the preparation and placement of advertisements, labels, or promotional materials covered by this order. and to all of its wholesalers distributors and retailers of body armor.

VII It isfurther ordered That respondent shall, within sixty (60) days after service upon it of this order and at such other times as the Commission may rcquire, file with the Commission a report, in Decision and Ord 118 F.T.C. writing, setting forth in detail the manner and form in which it has complied with this order.

Commissioner Varney not participating.

APPENDIX A ABA letterhead Date Dear (name of wholesaler, distributor or retailerl: This Jetter is to request your assistance in a very important program involving American Body Armor & Equipment, Inc.'s customers. We have settled a dispute with the Federal Trade Commission ("FTC") regarding the certification of ABA body armor by the National Institute of Justice ("NIl" The FTC has charged that ABA misrepresented that certain of its vests were certified under the National Institute of Justice ("NIJ") 0101.03 Standard. As you arc probably aware, manufacturers may voluntarily submit vests to NIl for ballistic testing. Models that pass the test are then certified by NIl as complying with the standard.

Certain ABA vests that were sold in J 989 and 1990 as certified by the NIJ were fe-tested according to the NIl standard and failed those tests due to bullet penetrations. In some cases, there were multiple penetrations. The FfC is concerned that some ABA vests could fail in actual use to provide the claimed level of protection. The FTC has observed differences between certain ABA vests sold as NIJcertified and the sample vests that were tested as part of the certification procedure. The differences that BC has observed include: I) the lack of NlJ-required labels stitched through the ballistic panels; 2) the lack of waterproofing on the baIJjstic panels; and 3) the use of different kinds of vest covers. The FTC has charged that in some cases, there \were other, additional differences in the vests. The FIC believes that these differences may make the vests less effective than claimed, and that vests with these changes should have been retested and therefore are not certified.

\Ve deny these charges and beUeve our vests are effective. To our knowledge in actual use, no ABA vest has ever failed to provide the level of protection that the vest was designed to provide under the NIl standard. Nevertheless, as part of our settlement with the FIC, we have agreed to provide replacement vests at a reduced price to purchasers of ABA body annQr represented to be certified under NIl' 0101.03 standard. (A summary of the FTC' s order is enclosed.) This program covers ABA vests sold in 1989 and 1990. ABA has also agreed to replace vests sold after that time that differ from the NIl-certified vests, jf any. As part of our agreement with the FTC, we are required to compile a mailing list containing the names and addresses of ABA customers. In order to do this. we must request from you and our other trade customers a Jist containing the names of all persons or organizations who purchased ABA body armor from you prior to AMERICAN BODY ARMOR AND EQUIPMENT, INC. 1001 982 Decision and Order Januar 1 , 1990, that was labeled or otherwise represented as complying with the 0101.03 standard. We afe also requesting that you provide us with a separate list of names of customers who purchased ABA .03 body armor from you after Januar , 1990. In both cases we will need the following infonnation for each customer: 1. Name of individual or organization and contact person 2. Address and phone number 3. Number of vests purchased 4. Date of purchase 5. Model numberCs) and threat Jevel(s) 6. Serial numbers 7. Any amount of money that is due and unpaid from each customer. PJease provide us with these lists as soon as ossjJle, b1n9 lateLtQt!12Q_g.E.YA after receiving: this letter.

You should be aware that the FfC' s order requires us to provide the FTC with the names of any wholesaler, distributor or retailer who does not provide us with this information.

Because we realize this may cause you some inconvenience, we are willing to assist you in compiling these lists. Please contact us at (904) 261-4035 to discuss any questions you have. We appreciate your cooperation. Very truly yours, Name Title Ene. : Summary of Consent Agreement APPEj\DIX B Dear American Body Armor Customer:

We are writing to inform you of the Federal Trade Commission s ("FTC") concerns that certain body armor sold by American Body Armor & Equipment, Inc. ("ABA") could faiJ in actual use 10 provide the JeveJ ofbalJistic protection claimed. This armor was represented as complying with the 0101.03 standard of the National Institute of Justice ("NIr), but, the FTC has charged, may not in fact comply with that standard. Certain ABA vests that were sold in 1989 and 1990 as certified by the NIl were re-tested according to the NIl standard and failed those tests due to bullet penetrations. In some cases, there were multiple penetrations. The FTC is concerned that some ABA vests could faiJ in actual use to provide the claimed level of protection.

Although ABA denies the FTC's allegations, there should be no question when it comes to the safety of our customers. Therefore, we have agreed to send this letter and offer a replacement program to scott1e the FTC charges without costly Decision and Order 118 FTC. litigation. This program covers ABA vests sold in J 989 and J 990. ABA has also agreed to replace vests sold after that time that differ from the Nil-certified vests jf any.

ABA is offering to replace vests purchased by you and other eligible customers at a reduced cost to the purchaser. The replacement program is described more fully in materials enclosed with this letter. You must notify us within 120 days if you wish to participate in this program, so your prompt attention is necessary. The FTC has charged that ABA misrepresented that certain of its vests were certified under the NIJ 0101.03 standard (".03 standard" ). As you arc probably aware, manufacturers may voluntarily submit vests to NIl for ballistic testing. Models that pass the test are then certified by NIl as complying with the standard. The FTC has observed differences between certain ABA vests sold as NlJcertified and the sample vests that were tested as part of the certification procedure. The differences that FTC has observcd include: I) the lack of !J.required labels stitched through the ballistic panels; 2) the lack of waterproofing on the ballistic panels; and 3) the use of different kjnds of vest covers. The FTC has charged that in some cases, there were other, additional differences in the vests. The rlc believes that these differences may make the vests less effective than claimed and that vests with these changes should have been retested and therefore are not certified.

ABA believes that none of these differences affects the ballistic perfonnance of its vests, that it complied with NIl standards and procedures, and that its vests are effective. To our knowledge, in actual use, no ABA vest has ever failed to provide the level of protection that the vest was designed to provide under the NIl standard.

If you choose to participate in the replacement program, you must agree to relinquish any and all claims you may have against ABA with respect to the vests being replaced.

The FTC recommends that you discuss the replacement program with the appropriate persons in your organization so that you can determine the best course of action for you.

If you have any questions, you can contact us at (904) 261-4035, or you can call Lisa Kopchik at the Federal Trade Commission at (202) 326-3139. Very truly yours Name, Position American Body Armor and Equipment, Inc.

Enclosures: The Body Armor Replacement Program" information sheet Body Armor application AMERICAN BODY ARMOR AND EQUIPMENT, INe. 1003 982 Decision and Order APPENDIX C THE BODY ARMOR REPLACEME"'T PROGRAM American Body Armor ("ABA") has agreed to replace certain body armor at a reduced cost to the purchaser. Your body annor, manufactured by ABA and represented as certified under the National Institute of Justice s 0101.03 standard is eligible for replacement under this program if it has not been rendered unusable by ballistic testing or other destructive damage. The replacement vests will be as identical as possible in construction to the corresponding models that were submitted for certification testing. How' ever, the FTC will not be inspecting all replacement vests. In this replacement program, you can choose any vest of the level of protection ("threat Jevel") that you originally ordered, or if no vests are available at that leve! you can choose a vest at the next highest threat IcvcJ available. However, you may not select a tactical vest (including the "tactical conceaJable" vest) to replace a concealable \'est. Our records indicate that the vcst(s) you purchased was (were) represented to be threat level -. You can therefore choose as a replacement any ABA vest certified at that threat leve!, if avaiJab1e. If no vests are available at that threat level, you can choose a vest at the next highest threat level. The vest you receive will he covered by ABA' s standard warranty. Enclosed is an ABA catalogue. are certified vests at threat levelModelsTo help defray the costs of the program, you must pay a reduced price for the replacement vest(s). The enclosed price list shows the current list prices for our vests. It also shows your price for each mode! under this program. The replacement prices are 40% of the current list prices. If you choose to participate in this program LOU DJ1! t turn in vour ol sil to_ e.B but not until after vou rece ye replacements. If you want to replace your body armor under this program, you must fib out and maiJ to us the enclosed application within 120 days of your receipt of this letter, specifying the model number(s) and size(s) of the vest(s) you are ordering. We will ship your replacement vests within sixty (60) days after we receive your application. The payment terms for your new vests are as follows: If you arc an individual purchaser, full payment is due C.O.D. when the vests are delivered.

If you are an institutional purchaser (police department, government agency. business firm, military, etc.), fuJl payment is due \within 30 day' of your receipt of the new body armor.

If you are unable to order replacement vests within 120 days due to procurement or purchasing regulations, procedures, policies, or other official requirements an exception can be made for you. You must complete the enclosed Extension Form, sign it and return it to ABA within 120 days. Please explain the specific circumstances why you need the extension and you wjjJ receive the amount of time shQ'vn to be necessary (up to 18 months), To qualify for the special terms of this replacement program, you must make aU payments when required and return the otd vest(s) to ABA no later than 60 days after receiving the replacement vests. Decision and Order 118 F. APPENDIX D APPLICA non FOR REPLACEMENT VESTS To replace your vest(s) with an ABA certified vest of the same threat level complete this form, sign it, and mail it to ABA within 120 days of your receipt of this letter. If no vests are available at that threat level, you can choose a vest at the next highest threat level that is available. Complete one application for each vest or group of vests that are the same model and style. If you are replacing vests of different models or styles, make copies of the blank application and complete a different application for each vest or group of vests you are replacing that are the same model or style. You need not complete separate applications for vests of different sizes. You may choose the color vest you prefer. The choices are: PLEASE PRINT OR TYPE Information about vou Name of person or organization Contact person (if organization) Address City. State, Zip Code Telephone number (daytime) Telephone number (evening) Information aboutJb IH rcolaceQ 6. Tota) number of vests to be replaced7. Serial number, place of purchase and date of purchase of vests to be replaced (please attach additional sheets if necessary): Serial # Place of purchase Date of purchase AMERICAN BODY ARMOR AND EQUIPMENT. INC. 1005 982 Dccision and Order Infonnation about the vests you want as reolacements 8. Please send of Model in color, size , size (Number)of Model in color, size of Model in color, size of Model in color , Size of Model in color , size of Model in color , SIze of Model in color , Size of Model in color of Model in color, size (Reminder: the model you select must be one of the models listed in the thjrd paragraph of your information shect on THE REPLACEMENT PROjJRAM Cost to you for each replacement vest (From the enclosed price list.) 10.(Cost of each replacementTotalvest mu!tiDljed bv numbercostof vests to be replaced. Reminder:

If you are an institutional purchaser, the total cost (#10) will be due uithin thirty (30) days of receiving your replacement vest(s). If you are an individual purchaser, the total cost (#10) is due at the time the vests are delivered (C.O.

By requesting and accepting replacement vest(s), I understand that I waive any and all claims I may have against American Body Annor and Equipment, Inc. with respect to the vest(s) being replaced. I also understand that I must pay all balances when required and return each old vest for which r have received a replacement within sixty (60) days after receiving the replacement in order to qualify for the special terms of this replacement program. r will send those o!d vests to: American Body Armor and Equipment, Inc.

85 Nassau Place YuIee, Florida 32097 Signed:

Name:

(Print or type name of person who signed) Position:

Date:

Send this completed and signed form to:

American Body Armor and Equipment, Inc.

85 Nassau Place Yulee, Florida 32097 Decision and Order 118 F. APPENDIX E PRICE LIST BODY ARMOR VEST MALE CONTOUR CATALOG PAGE 2 THREAT REPLACEMENT LISTMODEL LEVEL PRICE ---------------__--__n____--__u_-------------------------------------------------------------------- 504 A IIA CONTOUR REMOVABLE IIA 5181. 5454. (IA- 504 A IIA CONTOUR NYLON IIA $181.60 $454. (IIA- 504 A IIA CONTOUR TRICOT IIA $181.60 $454. (IIA- 600 II CONTOUR REMOVABLE $205. 5514. (I- 600 II CONTOUR NYLON 5205. $514. (II- 600 II CONTOUR TRICOT 5205. 5514. (I- 610 IIA CONTOUR REMOVABLE lia $276. $692. (lia- 610 11A CONTOUR NYLON Ila 5276. $692. (lia- 610 11A CONTOUR TRICOT Ila $276. $69200 (IIA- BODY ARMOR VEST FEMALE CONTOUR CATALOG PAGE 2 THREA T REPLACEMENT LISTMODEL LEVEL PRICE 504 A-F FEMALE IIA CONTOUR IIA $181.60 $454. REMOV ABLE (F- IIA- 504 A-F FEMALE IIA CONTOUR IIA $181.60 $454. NYLON (F-IIA- 504 A-F FEMALE IIA CONTOUR IIA 5181.60 5454. TRICOT (F-IIA- 600- FEMALE 11 CONTOUR $205. 5514 REMOVABLE (F-II- 600- FEMALE II CONTOCR S205. $514. NYLON (F- l I- 600- FEMALE 11 CONTOUR 5205. 5514. TRICOT (F-II- 610- FEMALE Ila CONTOUR Ila $276. $69200 REMOV ABLE (F-IIA- AMERICAN BODY ARMOR AND EQUIPMENT. I;-e. 1007 982 Decision and Order 610-F FEMALE Ila CONTOUR Ila $276. 5692. :-YLON (F-IIA- 610-F FEMALE Ila CONTOUR Ila S276. $692. TRICOT (F-IIA- Added charge of 10% for size 50- , 20% for size 54-56 and 30% for size 58-60. BODY ARMOR VEST MALE FULLS IDE COVERAGE CATALOG PAGE 2 THREA T REPLACE'vIENT MODEL LEVEL PRICE LIST 504 A IIA FULL5IDE REMOVABLE IIA 5205. $514. (IIA-FS- 504 A IIA FULLS IDE NYLON IIA $205. 5514. (IIA-FS- 504 A IIA FULLS IDE TRICOT IIA 5205. $514. (IIA-FS- 600 II FULLS IDE REMOV ABLE $234.40 $586. (II-FS- 600 II FULLS IDE NYLON $234.40 5586. (II-FS- 600 II FULLS IDE TRICOT 5234.40 $586. (II- FS- 610 Ila FULLS IDE REMOVABLE Ila $311.0 $778. (IIA-FS- 610 Ila FULLS IDE NYLO", Ila $3 I I.20 S778. (IIA-FS- 610 Ila FULLS IDE TRICOT Ila 53 11.0 5778. (IIA- FS- T) BODY ARMOR VEST FEMALE FULLS IDE COVERAGE CATALOG PAGE 2 THREA T REPLACEMENT MODEL LEVEL PRICE LIST -------_uu_------- ____n__--__--------- 504 A-F FEMALE IIA FCLLSIDE IIA $205. $51400 REMOV ABLE (F-IIA-FS- 504 A- I' FEMALE IIA FULLS IDE IIA 5205. S51400 :-YLON (F-IIA- FS- 504 A- I' FEMALE IIA FULLS IDE IIA 5205. $51400 TRICOT (F-IIA-FS- 600- FEMALE II FULLS IDE $234.40 $586. REMOV ABLE (F-II-FS- 600- FEMALE II FULLS IDE 5234.40 5586. :-YLON (F-II-FS- 600- FEMALE II FULLS IDE $234.40 5586. TRICOT (F-II-FS- Decision and Order 118 FTC. 6JO- FEMALE Ila FULLS IDE Ila $311.20 $778. REMOVABLE (F-IIA-FS- 610- FEMALE Ila FULLS IDE lia 5311.0 $778. NYLON (F-lia-FS- 61O- FEMALE Ila FULLS IDE Ila $311.20 $778. TRICOT (F-IIA-FS- T) Added charge of 10% for size 50- , 20% for size 54-56 and 30% for size 58-60. BODY ARMOR VEST MALE WEAVER CATALOG PAGE 2 THREAT REPLACEMENT LISTMODEL LEVEL PRICE 504 A IIA WEA VER REMOVABLE IIA $236. $590. (IIA- 504 A IIA WEAVER NYLON IIA $236. $590. (IIA- 504 A IIA WEAVER TRICOT IIA $236. $590. (IIA- 600 WEAVER REMOVABLE $270.40 S676. (II- 600 II WEAVER NYLON $270.40 $676. (II- 600 II WEA VER TRICOT 5270.40 $676. (I- 610 lia WEAVER REMOVABLE Ila 5343. 5858. (IIA- 610 lia WEAVER NYLON lia $343. $858. (lia- 610 lia WEAVER TRICOT Ila $343. $858. (lia- BODY ARMOR VEST FEMALE WEAVER CATALOG PAGE 2 THREAT REPLACEMENT LISTMODEL LEVEL PRICE_____n______----- ------------------------------_u_------------ 504 A-F FEMALE IIA WEAVER IIA 5236. $590. REMOVABLE (F-IIA- 504 A-F FEMALE IIA WEAVER IIA $236. 5590. NYLON (F-IIA- 504 A-F FEMALE IIA WEAVER IIA $236. 5590. TRICOT (F-IIA- AMERICAN BODY ARMOR AND EQUIPMENT, INe. 1009 982 Decision and Order 600- FEMALE II WEA VER $27040 $676. REMOV ABLE (F-II- W- 600- FEMALE II WEA VER NYLON $27040 $676. (F-II- 600- FEMALE II WEAVER TRICOT $27040 $676. (F-II- 610- FEMALE IIA WEAVER Ila $343. $858. REMOVABLE (F-IIA-W - 6l0- FEMALE Ila WEAVER Ila $343. $858. NYLON (F-IIA- 610- FEMALE Ila WEA VER Ila $343. $858. TRICOT (F-IIA- Added charge of 10% for size 50- , 20% for size 54-56 and 30% for size 58-60. EXECUTIVE VEST CATALOG PAGE 26 THREA T REPLACEMENT LISTMODEL LEVEL PRICE -----__--__n___ 504 A IIA- IIA $320. $802. (IIA-EV) 600 II- $368. $920. (II-EV) 610 IIA- IIA $492. 230.0 (IIA-EV) CONCEALABLE TACTICAL BODY ARMOR CATALOG PAGE 9 THREAT REPLACEMENT LISTMODEL LEVEL PRICE ------____--_n_ 600 II T AC FS NYLO:' $268. $670. (11- T AC-FS- 600 II TAC FS FIRE RETARDAJ\T $308. 5770. (I-T AC-FS-FR) 610 IIA TAC FS NYLON Ila 5324. 581000 (IIA- T AC-FS- 610 Ila TAC FS FIRE RETARDANT Ila 5364. $910. (IIA-TAC-FS-FR) Decision and Order 118 FTC. POLICE JACKET CATALOG PAGE 6 THREAT REPLACEME LISTMODEL LEVEL PRICE 504A- IIAPJ IIA 5451.0 $1,28. (front opening) (IIA-PJ) 600-FO II PJ $509. 274.0 (front opening) (II-PJ) 6\ O-FC Ila PJ Ila $649. 624. (front closure) (lia-PJ) NARCOTIC VEST CATALOG PAGE 5 THREA T REPLACEME MODEL LEVEL PRICE LIST -______n_ 5D4A- IIAWVIIA lla 5370.40 $926. (front opening) (lla-WV) 600-FO II NV 541 1.0 028. (front opening) (II-MV) 6l0-FC Ila l'V Ila $512. 280. (front closure) (IIA-l'V) Add 20% for extended shoulder coverage.

Added charge of 10% for size 50- , 20'70 for size 54-56 and 30% for size 58-60. V!65 JACKET lot LISTED IN CATALOG THREA T REPLACEME LISTMODEL LEVEL PRICE 504A- IIA V!65 IIA 5396. $990. (front opcning) (IIA-M65) 600- FO II M65 $438.40 51.09600 (front opening) (1l-V!65) 6\0-FC IIA M65 Ila 5S53. 51,84.0 (front closure) (lia-M65) MEDIC PROTECTIVE VEST CATALOG PAGE 7 THREAT REPLACEMENT MODEL LEVEL PRICE LIST $ J ,252. S04A- IIA MPV CORDURA lla S50080 (front opening) (IIA-KPV- 504A- IIA MPV FIRE IIA $616. 51.54200 (front opening) RETARDANT (lia-l'PV- FR) ___ _.._ _ AMERICAN BODY ARMOR AND EQUIPMENT. INe. 1011 982 Decision and Order 600-FO II MPV CORDURA $551.20 378JX (front opening) (II-MPV- 600-FO II MPV FIRE RETARDANT $667. 668.0 (front opening) (IJ-MPV -FR) 610-FC Ila MPV CORDURA Ila $680. 700.0 (front closure) (IIA-MPV- 610-FC Ila MPV FIRE RETARDANT Ila $796. 990.0 (front closure) (IIA-MPV-FR) AK-47 LIGHT WEIGHT MILITARY BODY ARMOR CATALOG PAGE 8 THREA T REPLACEMENT LISTMODEL LEVEL PRICE _u_---- 600 11 AK-47 NYLON $446.40 116. (I1-AK-47- 600 II AK-47 FIRE RETARDANT $486.40 216. (IJ-AK-47-FR) 610 Ila AK-47 NYLON Ila 5559. 398. (IIA-AK-47- 610 I1A AK-47 FIRE RETARDANT I1A $599. $1.498. (I1A-AK-47-FR) Added charge of 10% for size 50- 20% for size 54-56 and 30% for size 58-60. TACTICAL JACKET CATALOG PAGE 7 THREAT REPLACEMENT LISTMODEL LEVEL PRICE u__n__ ___--__n -----_U_--- 600-FO II TACTICAL JACKET $576. 44. (front opening) NYLON (II-TJ- 600-FO II TACTICAL JACKET FIRE $616. 540. (front opening) RET. (II-TJ-FR) 6l0-FC Ila TACTICAL JACKET I1A $752. 88000 (front closure) NYLON (I1A-TJ- 61O-FC I1A TACTICAL JACKET FIRE I1A 5792. 980.0 (front closure) RET. (lia-TJ-FR) DELTA LIGHTWEIGHT TACTICAL ARMOR CATALOG PAGE 9 THREA T REPLACEMENT LISTMODEL LEVEL PRICE ----___--__n_ ___n_ _n___ __n__ ____n 600 II DELTA NYLON $466.40 $1,66. (II-DELT- 60011 DELTA FIRE RETARDANT 5506.40 5 l,66,(X) (II-DEL T-FR) Decision and Order 118 FTC. 610 Ila DELTA NYLON Ila $600. 5(XJCO (lia-DELT- 610 Ila DELTA FIRE RETARDANT Ila $640. 60. (Ila-DEL T-FR) HIGH COVERAGE TACTICAL ARMOR CATALOG PAGE 9 THREA T REPLACEMENT LISTMODEL LEVEL PRICE 610 Ila ESU NYLON Ila $924. 310. (IIA-WEPT- 610 Ila ESU FIRE RETARDANT Ila $964. 410. (lia-NYPD-FR) ARMORED LOAD BEARING VEST CATALOG PAGE 6 THREAT REPLACEMENT MODEL LEVEL PRICE LIST 6IO-FC Ila ALB NYLON Ila $649. 624. (front closure) (IIA-ALB- 6l0-FC Ila ALB FIRE RETARDANT Ila $689. 724.o (front closure) (IIA-ALB-FR) Added charge of 10% for size 50- , 20% for size 54-56 and 30% for size 58-60. FLAK JACKET USA CATALOG PAGE 5 THREAT REPLACEMENT MODEL LEVEL PRICE LIST _--__n___ ______nn______- --______n___ ----_U_---- 600-FO II FLAK USA NYLON 5480. 202.0 (front opening) (II-FLAK- 600-FO II FLAK USA FIRE 552080 302.0 (front opening) RETARDANT (I-FLAK-FR) 610-FC lia FLAK USA NYLON lia $596. $1,490.0 (front closure) (IIA-FLAK- 610-FC lia FLAK USA FIRE Ila 5636. 590.lXJ (front closure) RETARDANT (IIA-FLAK-FR) AMERICAN BODY ARMOR AND EQUIPMENT. INe. 1013 982 Dccision and Oruer TACTICAL ASSAULT VEST-WITH OVER THE SHOULDER PROTECTION CATALOG PAGE 8 THREA T REPLACEMENT LISTMODEL LEVEL PRICE 600 II TAC ALT NYLON $364. 591200 (II-TAC- 600 II TAC ALT FIRE RETARDANT $404. 012. (11- T AC- FR) 198.610 Ila TAC ALT NYLON Ila $479. (IIA- T AC- 610 Ila TAC ALT FIRE RETARDA:-T Ila $519. 298. (IIA-TAC- FR) A V- I A VIA TORS CREW SUPPORT VEST CATALOG PAGE 12 THREA T REPLACEMENT LISTMODEL LEVEL PRICE S 1,50.61O-FC Ila AV- I NYLON IIA $540. (front closure) (IIA-AV- 610-FC IIA A V- I FIRE RETARDANT Ila $580. $1,450. (front closure) (IIA-AV- FR) A V -2 AVIATORS VEST CATALOG PAGE 12 THREAT REPLACEMENT LISTMODEL LEVEL PRICE 610 Ila AV-2 NYLON Ila $391.20 5978. (IIA- A V - 610 Ila A V-2 FIRE RETARDANT Ila $431.20 078. (IIA-A V - FR) Added charge of 10% for size 50- , 20% for size 54-56 and 30% for size 58-60. A VIA Tlon FLOATATION VEST CATALOG PAGE 12 THREAT REPLACEMENT LISTMODEL LEVEL PRICE _____n_____ -----_n___ -----______n $ I .450.610 Ila AFV NYLON Ila 5580. (IIA- AFV- 610 Ila AFV FIRE RETARDANT Ila $620. $1.550.0 (IIA-AFV-FR) ..

Decision and Order 118 FTC. PASSIVE/ACTIVE FLOTATIO"l VEST CATALOG PAGE 12 THREA T REPLACEMENT MODEL LEVEL LIST PRICE 610 Ila P/A-FV NYLON Ila S668. 670. (IIA-P/A-FV- 610 Ila P/A-FV FIRE RETARDANT Ila S708. 770. (IIA-P/A-FV-FR) Added charge of 10% for size 50- , 20% for size 54-56 and 30% for size 58-60. APPENDIX F REQGEST FOR EXTENSION OF TIME You must complete this form if you need an extension of time beyond 120 days to order your replacement body armor. The extension must be based on procurement or purchasing regulations, procedures, policies or other official requirements. Please provide the requested information, sign the form, and return it to: American Body Armor and Equipment, Inc.

85 1\' assau Place Yulec, Florida 32097 This form must be returned within 120 days. Additional time is needed in which to order replacement body armor. The amount of time needed is:

(up to 18 months) The additional time requested is necessary to comply with the following procurement or purchasing regulations, procedures, policies or other official requirements (please be specific):

We understand that this request for extension of time does not obligate this organization to order and pay for replacement body armor, but it is our present intention to do so, subject to compliance with the requirements specified ahove. Name Title or position , .. ,;....,... .. :. AMERICAt\ BODY ARMOR AND EQUIPMENT, INe. 1015 982 Dccision and Order APPENDIX G 00 ':

c;

Hi.

Decision and Order 118 FTC. APPENDIX H SUMMARY OF FTC CONSENT AGREEMENT WITH AMERICAN BODY ARMOR The Federal Trade Commission has entered into a consent order with American Body Armor & Equipment. Inc. ("ABA") settling its charges against ABA. The FTC alleged that ABA misrepresented that certain of the body armor it sold was certified by the National Institute of Justice, when, according to ric' s charges, this armor was not certified because it differed in certain significant ways from the models that had been cerlified. The FTC has also allegcd that ABA did not have substantiation for its claims that its "Black Magic" treatment effectively improves the ballistic performance of its body armor.. ABA denies all charges that it has violated the law, but has agreed to enter into the consent order. The following is a summary of the requirements of the Order. First, the Order prohibits ABA from misrepresenting that its body armor is certified under the NIl standard unless it has been tested and certified strictly in accordance with the NIl procedures; it also prohibits ABA from falsely claiming (that is, misrepresenting) that its body armor carries the approval, endorsement, or sanction of NIl or any other organization, or that its body armor is the same as or similar to NIl-approved body armor.

Second, the Ordcr prohibits ABA from representing that its body annar provides any specified degree of ballistic protection, or is tested, approved, endorsed or certified, unless the armor is cither:

a. NIl-certified at the represented threat level, or b. Certified under a different standard or test, so long as ABA discloses the identity of the standard or test and that it is different from the IJ standard. Third., the Order requires ABA to have competent and reliable scientific evidence to substantiate any claims of ballistic efficacy or performance it makes for Black Magic or any other ballistic treatment. EQ1,J1b, the Order requires ABA to offer replacement body annor to purchasers of ABA vests represented as certified by NIJ under its Olll.03 standard. All U. purchasers of ABA .03 vests are eligible for replacement vests, if the vest was purchased before January I. 1990. U.S. purchasers of ABA .03 vests are also eligible for replacement vests if the vest was purchased after January I , 1990, and it differs from the certified model with respect to waterproofing or configuration of stitching on the ballistic panels, method of closure of the vest, the number of panels or the removability of the panels from the vest, the cover (except for certain differences only in the color, use of foam for flotation purposes, or removability of the ballistic panel from the cover), or any other change to the ballistic elements or that may diminish the banistic protection provided by the vest. " S. purchasers " includes purchasers who either: (a) bought vests in the United States; or (b) are United States citizens, corporations or government entities. The Order requires that ABA compile a list of aU purchasers eligible for replacement vests from its own files and by contacting wholesalers, distributors and retailers of ABA vests. After the Order is entered, ABA must mail to the AMERICAN BODY ARMOR AND EQUIPMENT. INe. 1017 982 Decision and Order purchasers a letter and replacement program description. an ABA catalog and price list, and application forms- The letter explains the FTC's charges against ABA and its concern that the vests ABA sold could fail in actual use to provide the level of ballistic protection claimed, and contains ABA' s denial of these allegations and its belief that the vests are effective. Purchasers who have not yet fully paid for their vests, but are otherwise eligible, will be sent an additional letter by ABA explaining their need to complete payments to be eligible for the program. The Order furter requires ABA to provide replacement body aror to eligible purchasers who apply for it within 120 days of their receipt of the Jetter. In those cases where the purchasers cannot meet the 120-day deadline due to procurement or purchasing regulations, procedures, policies or other offcial requirements, they may submit an application form specifying the official requirements in order to receive an extension of time to apply of up to 18 months. Under the Order, the purchaser may request any model of annor of the same threat level as the vests to be replaced, or the next higher level if none is available at the level of the vest to be replaced. However, tactical vests cannot be ordered as replacements for concealable vests. The vests will be provided in the color and size specified by the purchaser. The replacement armor will be new and cannot differ from the corresponding certified model except for minor deviations unavoidable due to the manufacturing process. However, if the purchaser requests a modification from the certified model, ABA may elect to supply the modified vest if it infonns the purchaser that the modification may affect its certification by NIl. The Order provides for partial payment by the purchaser for the replacement vests in order to defray some of ABA' s costs. The cost to the purchaser varies by model. The replacement cost is 40% of ABA' s current list price for the vest. The Order further specifies the payment terms. ABA will ship the replacement vests at its cost, within 60 days of the application. Institutiona! purchasers must make payment in full within 30 days after receiving the replacement vests, and for individual purchasers, the total cost is due at the time the vests are delivered. Purchasers then have 60 days to return the old vests to ABA, which cannot have been destroyed by ballistic testing or other destructive damage. Under the Order ABA must keep records and file reports of its compliance with the provisions of the Order, notify the FfC of changes in its corporate structure, and provide a copy of this Summary to its affiliates, officers, managers advertising employees, and trade customers. This Summary is not intended to constitute an official interpretation of the Order or to modify in any way its terms. Complain! ! 18