Unique Industries, Inc., and Everett Novak

Page 9

19075 [Docket No. C-1815] PART 13— PROHIBITED TRADE PRACTICES Unique Industries, Inc., and Everett Novak Subpart—Importing, selling, or trans­ porting flammable wear: § 13.1060 Im ­ porting, selling, or transporting flam ­ m able wear.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45) [Cease and desist order, Unique Industries, Inc., et al., Philadelphia, Pa., Docket C-1815, Nov. 2,1970] In the Matter o f Unique Industries, Inc., a Corporation, and Everett Novak, Individually and as an Officer of Said Corporation Consent order requiring a Philadel­ phia, Pa., seller of novelty items and party favors to cease selling or distrib­ uting wood chips leis unless they are within the applicable flammability standards of the Flammable Fabrics Act,.

The order to cease and desist, includ­ ing further order requiring report of compliance therewith, is as follows: It is ordered, That respondents Unique Industries, Inc., a corporation, and its officers, and Everett Novak, individually and as an officer of said corporation, and respondents’ representatives, agents and employees, directly or through any cor­ porate or other device, do forthwith cease and desist from the advertising, offering for sale, sale or distribution of wood chip leis in commerce, as “com­ merce” is defined in the Federal Trade Commission Act, unless and until said wood chip leis or wood chip products are flameproofed to such an extent that they will not ignite, bum or glow. It is further ordered, That respond­ ents 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 such products, and effective recall of such products from said customers.

It is further ordered, That the re­ spondents herein either process the fab­ rics which gave rise to this complaint and any wearing apparel made from said fabrics so as to bring them within the applicable flammability standards of the Flammable Fabrics Act, as amended, or destroy said fabrics or any wearing apparel made therefrom. It is further ordered, That the re­ spondents herein shall within ten (10) days after service upon them of this order, file with the Commission an in­ terim special report in writing setting forth the respondents’ intention as to compliance with this order. This interim special report shall also advise the Com­ mission fully and specifically concerning the identity , of the product or related material which gave rise to the com­ plaint (1) the number of such products in inventory, (2) any action taken and any further actions proposed to be taken to notify customers of the flammability of such products and of the results of No. 244------2 FEDERAL REGISTER, VOL. 35, NO. 244— THURSDAY, DECEMBER 17, 1970

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19076 RULES AND REGULATIONS such actions, (3) any disposition of such products since December 15, 1969, and (4) any action taken or proposed to be taken to flameproof or destroy such products and the results of such action. It is further ordered, That respond­ ents notify the Commission at least thir­ ty (30) days after any proposed change in the corporate respondent such as dis­ solution, assignment or sale resulting in the emergence of a successor corpora­ tion, the creation or dissolution of sub­ sidiaries or any other change in the cor­ poration which may affect compliance obligations arising out of the order. It is further ordered, That the re­ spondent corporation shall forthwith distribute a copy of this order to each of its operating divisions. It is further ordered, That the re­ spondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a re­ port iii writing Setting forth in detail the manner and form in which they have complied with this order. Issued: November 2,1970.

By the Commission.

[ seal] J oseph W. S hea, - Secretary, [F.R, Doc. 70-16969; Filed, Dec. 16, 1970; 8:50 a.m.] [Docket No. C-1817] PART 13—-PROHIBITED TRADE PRACTICES Washington Careers, Inc., et al. Subpart—Advertising falsely or mis­ leadingly: § 13.15 Business status, ad ­ vantages or connections:

13.15-30 Connections or arrangements with others; § 13.270 Size and extent; § 13.115 Jobs and employment service; § 13.170 Qualities or properties of product or serv­ ice:

13.170-35 Educational, informa­ tive, training. Sufopart—Misrepresenting oneself and goods—Business status, advantages or connections: § 13.1395 Connections and arrangements with others; § 13.1555 Size, extent or equip­ m ent;

Misrepresenting oneself and goods—Goods: § 13.1670 Jobs and em ­ ploym ent; § 13.1710 Qualities or prop­ erties.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45) [Cease and desist order, Wash­ ington Careers, Inc., et al., Washington, D.C., Docket C-1817, Nov. 5, 1970] In the M atter o f Washington Careers, Inc., a Corporation, Trùding as Juliet Gibson Career College and Finish­ ing School, and Richard A. Parrott and R. Wade Murphree, Individually and as Officers o f Said Corporation Consent order requiring a Washing­ ton, D.C., school of fashion merchandis­ ing, professional modeling and secretarial skills to cease misrepresenting that it is affiliated with the Juliet Gibson Corp. or any nationwide chain, misrepresenting its placement and tutoring facilities, fail­ ing to disclose additional obligations connected with its courses, misrepresent­ ing that its courses qualify students to be airline hostesses, and misrepresenting that its curriculum or methods of in­ struction are on the college level. The order to cease and desist, includ­ ing further order requiring report of compliance therewith, is as follows: It is ordered, That respondents Richard A. Parrott, and R.

Wade Murphree individually and their agents, representatives and employees in con­ nection with the advertising, offering for sale, sale or distribution of any course of instruction or any other service or prod­ uct, in commerce as “commerce” is de­ fined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Representing, directly or by impli­ cation, that respondents are associated or affiliated with, or are a franchisee of Juliet Gibson Corp.; or misrepresenting, in any manner, respondents’ trade or business connections, associations, affili­ ations or identity.

2. Representing, directly or by impli­ cation, that respondents are a part of a national corporation, or that they are a part of a nationwide chain which oper­ ates career schools in major cities in the United States; or misrepresenting, in any manner, the size, scope, or extent of respondents’ business.

3. Representing, directly or by impli­ cation, that respondents’ school or re­ spondents’ courses have been accredited, unless such is the fact.

4. Misrepresenting, in any manner, the building or facilities which respondents have or made available for student use. 5. Representing, directly or by implica­ tion, that respondents provide a place­ ment service which places a significant number of students or graduates in posi­ tions for which they have been trained unless such is the fact; or misrepresent­ ing, in any manner, their capabilities or facilities for assisting students or grad­ uates in finding employment, or the as­ sistance actually afforded students or graduates in obtaining employment. 6. Representing, directly or by implica­ tion, availability of jobs or the positions available to graduates of respondents’ school as the result of the training af­ forded the students by respondents un­ less such is the fact.

7. Representing, directly or by impli­ cation, that individual tutoring will be provided to those students having diffi­ culty with their classwork upon request unless such is the fact; or misrepresent­ ing, in any manner, the assistance pro­ vided students during their enrollment at respondents’ school.

8. Representing, directly or by implica­ tion, that there is any urgency or need for haste in enrolling in any class unless such is the fact; or that enrollment in any class will not be permitted after a class has commenced, unless respondents refuse in every instance to allow enroll­ ment after commencement of a class. 9. Advertising or soliciting enrollment in any course of instruction when there is any limitation or additional obliga­ tion imposed or attempted to be imposed upon enrollment in that course without clearly disclosing such limitation or additional obligation in any advertise­ ment and during any solicitation. 10. Representing, directly or by impli­ cation, that the subjects taught by re­ spondents are equivalent to college level subjects, unless such is the fact; or mis­ representing, in any manner, the level of training afforded students through any subject or course of instruction, or the comparability of any subject or course of instruction given by respondents with any other school.

11. Representing, directly or by impli­ cation, that students will receive instruc­ tion in conversational Spanish or that students will receive training through practical exercise in fencing or modern dance unless such is the fact; or mis­ representing, in any other manner, the curriculum, subjects, method of Instruc­ tion or training that students receive. 12. Representing, directly or by im­ plication, that respondents offer courses of instruction which qualify students to be airline stewardesses; or misrepresent­ ing in any manner, the position or posi­ tions which a student will be qualified for as the result of attending any course which respondents offer.

13. Failing to deliver a copy of this order to cease and desist to all present and future salesmen or other persons en­ gaged in the sale of respondents’ courses or services, and failing to secure from each such salesman or other person a signed statement acknowledging receipt of said order.

It is further ordered, That the re­ spondents herein shall, within sixty (60) days after service upon them of this or­ der, file with the Commission a report, in writing, setting forth in detail the man­ ner and form in which they have com­ plied with this order.

Issued: November 5, 1970. By the Commission.

[ seal] J oseph W. S hea, Secretary.

[F.R. Doc. 70-16970; Filed, Dec. 16, 1970; 8:50 a jn .]