Bianchini, Ferier, Inc.

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

IN THE MATTER OF BIANCHINI, FERIER, INC.

CONSENT ORDER, ETC. , 1'- REGARD TO Tile ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-1207. Complaint, May 2S, 1967-Decision, May, 1967 Consent order requiring a New York City distributor of fabrics to cease importing and selling fabrics so highly flammable as to be. dangerous when ,vorn.

COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Flammable Fabrics Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission having reason to bebeve that Bianchini, Ferier, Inc. , a corporation, hereinafter referred to as respondent, has violated the provisions of said Acts, and the Rules and Regulations promulg-ated under the Flammable Fabrics 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 charges in that respect as follows:

PARAGRAPH I. Respondent Bianchini, Ferier, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York.

The respondent is engaged in the sale and distribution of fabrics, with its offce and principal place of business located at 663 Fifth Avenue ew York, New York.

PAR. 2. Respondent, subsequent to July 1 , 1954 , the effective date of the Flammable Fabrics Act, has sold and offered for sale, in commerce; has imported into the United States; and has introduced, delivered for introduction, transported, and caused to be transported, in commerce; and has transported and caused to be transported for the purpose of sale or delivery after sale, in commerce; as !'commerce" is defined in the Flammable Fabrics Act, fabric, as that term is defined therein, which fabric was BIAKCHINI , FERIER, INC. 745 744 Decision and Order under Section 4 of the Flammable Fabrics Act, as amended, so highly flammable as to be dangerous when worn by individuals. PAR. 3. The aforesaid acts and practices of respondent 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.

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 Textiles and Furs 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 Flammable Fabrics Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the 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 the respondent that the law has been violated as alleged in such complaint, and waivers and provisions as required by the Commission s rules; and The Commission, having reason to believe that the respondent has violated said Acts, and having determined that complaint should issue stating its charges in that respect, hereby issues its complaint, accepts said agreement, makes the following jurisdictional findings, and enters the following order: 1. Respondent Bianchini, Ferier, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of ::ew York, with its offce and principal place of business located at 663 Fifth Avenue, New York, ::ew York. 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 It is ordered That respondent Bianchini, Ferier, Inc. , a corporation, and its offcers, and respondent's representatives, agents Complaint 71 F.

and employees, directly or through any corporate or other device do forthwith cease and desist from:

(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 Act; or (c) Transporting- or causing to be transported, for the purpose of sale 01' delivery after sale in commerce any fabric which, under the provisions of Section 4 of the said Flammable Fabrics Act, as amended, is so highly flammable as to be dangerous when worn by individuals.

It is furthe,. ordered That respondent s report of compliance with the order herein, dated :varch 28, 1967, and submitted simultaneously to the Commission with the ag::'eement containing