Seal Plac, Inc.

Text (OCR of the scan at left; may contain errors)

In roe Martrer oF SEAL PLAC, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION, THE FLAMMABLE FABRICS, AND THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACTS Docket C-324. Complaint, Apr. 5, 1968—Decision, Apr. 5, 1963 Consent order requiring New York City importers to cease selling in commerce fabric which was so highly flammable as to be dangerous when worn, and to cease distributing scarfs and fabric squares which were not labeled with any of the information required by the Textile Fiber Products Identification Act.

Complaint Pursuant to the provisions of the Federal Trade Commission Act, the Flammable Fabrics Act, and the Textile Fiber Products Identification Act, the Federal Trade Commission, having reason to believe that Seal Plac, Inc., a corporation, and Murray Rudolph, individually and as officer of said corporation, and doing business as Atomic Trimming Company, hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules and Regulations promulgated under the Flammable Fabrics Act and the Textile Fiber Products Identification Act, 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 charge in that respect as follows:

Paracrapy 1. Respondent Seal Plac, Inc., is a corporation duly organized, existing and doing business under and by virtue of the laws of the State of New York. Individual respondent Murray Rudolph is president of the corporate respondent, and formulates, directs and controls the acts, practices and policies of the corporate respondent. The business address of both respondents is 3815 West 36th Street, New York, New York.

In addition thereto, individual respondent Murray Rudolph, as an individual, does business as Atomic Trimming Company, the address of which is also 315 West 36th Street, New York, New York. Par. 2. Respondents subsequent to July 1, 1954, the effective date of the Flammable Fabrics Act, have sold and offered for sale in commerce; have imported into the United States; and have introduced, delivered for introduction, transported, and caused to be transported, in commerce; and have transported and caused to be transported for the purpose of sale or delivery after sale in commerce} as “commerce” Decision and Order 62 F.T.C.

is defined in the Flammable Fabrics Act, fabric, as that term is defined therein, which fabric was, under Section 4 of the Flammable Fabrics Act, as amended, so highly flammable.as to-be dangerous when worn by individuals.

The aforesaid acts and practices of respondents were and are in violation of the Flammable Fabrics Act and the Rules and Regulations promulgated thereunder, and as such 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.

Par. 3. Subsequent to the effective date of the Textile Fiber Products Identification Act on March 3, 1960, respondents have been and are now engaged in the introduction, delivery for introduction, sale, advertising, and offering for sale, in commerce, and in the transportation or causing to be transported in commerce, and the importation into the United States, of textile fiber products, and have sold, offered for sale, advertised, delivered, transported and caused to be transported, textile fiber products, which have been advertised or offered for sale in commerce; and have sold, offered for sale, advertised, delivered, transported and caused to be transported, after shipment in commerce, textile fiber products, either in their original state or contained in other textile products so shipped in commerce; as the terms “commerce” and “textile fiber product” are defined in the Textile Fiber Products Identification Act.

Par. 4. Certain of. said textile fiber products were misbranded by respondents in that they were not stamped, tagged, or labeled with any of the information required under the provisions of Section 4(b) of the Textile Fiber Products Identification Act, or in the manner and form as prescribed by the Rules and Regulations promulgated under said Act.

Among such misbranded textile fiber products, but not limited thereto, were scarfs and fabric squares.

Par. 5. The acts and practices of respondents, as set forth above were, and are, in violation of the Textile Fiber Products Identification Act and the Rules and Regulations promulgated thereunder, and constituted, and now constitute, unfair and deceptive acts and practices and unfair methods of competiticn in commerce, within the intent and meaning of the Federal Trade Commission Act. DECISION AND ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of the Federal Trade Commission Act, the Flammable SEAL PLAC, INC., ETAL. 1097 1095 Decision and Order Fabrics Act and the Textile Fiber Products Identification Act, and the respondents having been served with notice of said determination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by respondents of all the jurisdictional facts set forth in the complaint to issue herein, 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 set forth in such complaint, and waivers and provisions as required by the Commission’s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondent, Seal Plac, Inc., 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 located at 315 West 36th Street, in the city of New York, State of New York. Respondent Murray Rudolph is an officer of said corporation. He also trades as Atomic Trimming Company, a proprietorship -also located at 315 West 36th Street, New York, New York, and his address is the same as that of said corporation and proprietorship. 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 ts ordered, That the respondents Seal Plac, Inc., a corporation, and its officers, and Murray Rudolph, individually and as an officer of said corporation, and doing business as Atomic Trimming Company, or any other trade name, and respondents’ representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from: 1. (a) Importing into the United States; or (b) Selling, offering for sale, introducing, delivering for introduction, transporting or causing to be transported in commerce, as “commerce” is defined in the Flammable Fabrics A:ct; or (c) Transporting or causing to be transported, for the purpose of sale or delivery after sale in commerce; any fabric which, under the provisions of Section 4 of the said 1098 ' FEDERAL TRADE COMMISSION DECISIONS Syllabus 62 F.T.C.

Flammable Fabrics Act, as amended, is so highly flammable as to be dangerous when worn by individuals. .

It is further ordered, That respondents Seal Plac, Inc., a corporation, and its officers, and Murray Rudolph, individually and as an officer of said corporation, and doing business as Atomic Trimming Company, or any other trade name, and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, delivery for introduction, sale, advertising, or offering for sale, in commerce, or the transportation or causing to be transported, in commerce, or the importation into the United States of textile fiber products; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, of textile fiber products which have been advertised or offered for sale in commerce; or in connection with the sale, offering for sale, advertising, delivery, transportation, or causing to be transported, after shipment in commerce, of any textile fiber products, whether in their original state or contained in other textile fiber products, as the terms “commerce” and “textile fiber product” are defined in the Textile Fiber Products Identification Act, do forthwith cease and desist from misbranding textile fiber products by failing to affix labels to such products showing each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act.

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 they have complied with this order.