Baruch Petranker Import Company, Inc

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IN THE MATTER OF BARUCH PETRAC\KER IMPORT COMPANY, INC., ET AL. CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FLAMMABLE FABRICS ACTS Docket C-16' 33. Complaint, Nov. 1969-Decision, No1,' 17, 1969 Consent ordcr requiring a San Francisco, Calif. , importer of gift items including scarves and T-shirts to cease marketing dangerously flammable products.

!PLAINT 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 Baruch Petranker Import Complaint 76 F.

Company, Inc. , a corporation, and Baruch Petranker and Ingeborg Petranker, individually and as offcers of said corporation hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules and Regulations promulgated under the Flammable Fabrics Act, as amended, 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 1. Respondent Baruch Petranker Import Company, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of California, with its offce and principal place of business located at 1147 Howard Street, San Francisco, California.

Respondents Baruch Petranker and Ingeborg Petranker are officers of the aforesaid corporation. They formulate, direct and control the acts, practices and policies of said corporation. Their address is the same as that of the corporate respondent. Respondents are importers and wholesalers of novelties and gift items including scarves and T-shirts. PAR. 2. Respondents arc now and for some time last past have been engaged in the sale and ofiering 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 shipn1ent 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 mentioned hereinabove were scarves. PAR. 3. The aforesaid acts an,) 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 there- BARUCH PETRANKER IMPORT CO. , INC. , ET AL. 645 643 Decision and Order after with a copy of the 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 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 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 respondents 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 respondents have violated the said Acts, 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 thirty (30) days, now in further conformity with the procedure prescribed in 34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1. Respondent Baruch Petranker Import Company, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of California, with its offce and principal place of business located at 1147 Howard Street, San Francisco, California.

Respondents Baruch Petranker and Ingeborg Pet ranker are officers of said corporation and their address is the same as that of said corporation.

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 is ordel" That respondents Baruch Pehanker Import Company, Inc., a corporation, and its offcers, and Baruch Petranker and Ingeborg Petranker, individually and as offcers of said corporation, and respondents' representatives, agents and employees directly or through any corporate or other device, do forthwith cease and desist from manufacturing for sale, sellng, offering for 646 FEDERAL TRADE COMYIrSSION DECISIONS Decision and Order 76 F.

sale, in commerce, 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 fabric, product or related material as commerce fabric product" and "related material" are defined in the Flammable Fabrics Act as amended, which 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 o1'dend That the respondents herein shall, within ten (10) days after service upon them of this order, file with the Commission an interim special report in writing setting forth the respondents' intention as to compliance with this order. This interim special report shall also advise the Commission fully and specifically concerning the identity of the fabric, product or related material which gave rise to the complaint, (1) the amount of such fabric, product or related material in inventory, (2) any action taken to notify customers of the flammabiJty of such fabric, product or related material and the results thereof and (3) any disposition of such fabric, product or related material since May 14 , 1969. Such report shall further inform the Commission whether respondents have in inventory any fabric, product or related material having a plain surface and made of silk, rayon or cotton or combinations thereof in a weight of two ounces or less per square yard or with a raised fiber surface made of cotton or rayon or combinations thereof. Respondents wi1 submit samples of any such fabric, product or related material with this report. It is further ordered That respondents notify the Commission at least 30 days prior thereto of any proposed change in the corporate respondent such as dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations arising out of the order. It is further ordel'ed 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 of their compliance with this order. BAR V 0 CHINCHILLA CO. , INC. , ET AL. 647 454 Complaint