Superior Hand Prints, Inc

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In tre Matrrer or SUPERIOR HAND PRINTS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION, THE TEXTILE FIBER PRODUCTS IDENTIFICATION AND THE FLAMMABLE FABRICS ACTS aoa Docket C-1672. Complaint, Jan. 14, 1970—Decision, Jan. 14, 1970 Consent order requiring Los Angeles, Calif., textile manufacturers and wholegalers to cease misbranding its textile fiber products and marketing dangerously flammable fabrics.

Complaint Pursuant to the provisions of the Federal Trade Commission Act, the Textile Fiber Products Identification 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. Superior Hand Prints, Inc., a corporation, and Lioyd 8. Klaskin, individually and as an officer of said corporation, hereinafter referred to as respondents, have violated the provisions of said Acts and the Rules and Regulations promulgated under the Textile Fiber Products Identification Act and 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: Paracrary 1. Respondent Superior Hand Prints, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of California, with its office and principal place of business located at 2300 East 27th Street, Los Angeles, California.

Complaint 77 FTC.

Respondent Lloyd S. Klaskin is an officer of the aforesaid corporation. He formulates, directs and controls the acts, practices and policies of said corporation. His address is the same as that of the corporate respondent.

Respondents are manufacturers and wholesalers of textile products. They are also engaged in contract printing of textile products. Among the products manufactured are novelty aprons made by sewing a small souvenir handkerchief approximately 16 inches square to plain nylon aprons.

Par. 2. Respondents are now and for some time last past have been engaged in the manufacture for sale, sale and offering for sale, in commerce, and have introduced, delivered for introduction, transported and caused to be transported in commerce, and have sold or delivered after sale or shipment in commerce, products as the terms “commerce” and “product” are defined in the Flammable Fabrics Act, 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 aprons. Par. 3. The aforesaid acts and 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.

Par. 4. Respondents are now and for some time last past have been engaged in the introduction, delivery for introduction, manufacture for introduction, sale, advertising and offering for sale, in commerce, and in the transportation or causing to be transported in commerce and in 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 fiber products, as the terms “commerce” and “textile fiber product” are defined ini the Textile Fiber Products Identification Act. Par. 5. Certain of said textile fiber products were misbranded by respondents within the intent and meaning of Section 4(a) of the Textile Fiber Products Identification Act and the Rules and Regulations promulgated thereunder, in that they were falsely and decep- SUPERIOR HAND PRINTS, INC., ET AL. : 45 43 Complaint tively stamped, tagged, labeled, invoiced, advertised or otherwise identified as to the name or amount of the constituent fibers contained therein. ;

Among such misbranded textile fiber products, but not limited thereto, were textile fiber products with labels which set forth the fiber content as “100% Rayon,” whereas in truth and in fact, said products contained substantially different fibers and amounts of fibers than as represented.

Par. 6. Certain of said textile fiber products were misbranded by respondents in that they were not stamped, tagged, labeled or otherwise identified to show each element of information required under the provisions of Section 4(b) of the Textile Fiber Products Identification Act, and the Rules and Regulations promulgated under said Act.

Among such misbranded textile fiber products, but not limited thereto, were textile fiber products with no labels whatever affixed, and textile fiber products with labels which failed to show in words and figures plainly legible:

(a) The true generic names of the fibers present in the products: and (b) The percentage of each such fiber; and (c) The name, or other identification issued and registered by the Commission, of the manufacturer of the product, or one or more persons subject to Section 3 with respect to said products. Par. 7. Certain of such textile fiber products were further misbranded by the respondents in violation of the Textile Fiber Products Identification Act in that they were not labeled in accordance with the Rules and Regulations promulgated thereunder. Among such textile fiber products but not limited thereto were textile fiber products with labels which did not set forth the information required to be disclosed under Section 4(b) of the Textile Fiber Products Identification Act and the Rules and Regulations promulgated thereunder conspicuously and separately on the same side of the Jabel and in a manner so as to be clearly legible and readily accessible to the prospective purchasers, in violation of Rule 16(b) of the aforesaid Rules and Regulations. Pan. 8. The acts and practices of the respondents as set forth in Paragraphs Five, Six and Seven 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 methods of competition and unfair and deceptive acts and practices, in commerce, under the Federal Trade Commission Act. Order TT E.T.C.

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 thereafter 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, the Textile Fiber Products Identification 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 net 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 § 2.34(b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1. Respondent Superior Hand Prints, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of California, with its office and principal place of business located at 2300 Hast 27th Street, Los Angeles, California. Respondent Lioyd S. Klaskin is an officer of said corporation and his 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 Zt is ordered, That respondents Superior Hand Prints, Inec., and its officers, and Lloyd S. Klaskin, individually and as an officer of 43 Order 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, selling, offering for 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 ordered, 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 re- ‘spondents’ intention as to compliance with this order. This interim special report shall alsc advise the Commission fully anc specifically concerning the identity of the product which gave rise to the complaint, (1) the amount of such product in inventory, (2) any action taken to notify customers of the flammability of such product and the results thereof and (3) any disposition of such product since May 7, 1969. Such report shall further inform the Commission whether respondents have in inventory any handkerchiefs from which the aforementioned products are made or any other fabric, product or related material having a plain surface and made of silk, rayon or cotton or combinations therecf in a weight of two eunces ‘or less per square yard or fabric with a raised fiber surface made of cotton or rayon or combinations thereof. Respondents will submit samples of any such fabric, product or related material with this report. Samples of the fabric, product or related material shail be of no less than one square yerd of material. It is further ordered, That respondents Superior Hand Prints, ‘Inc., a corporation, and Lloyd S. Klaskin, individually and as an otficer of said corporation, and respondents’ representatives, agents, and employees, directly or through any corporate or other device, in connection with the introduction, delivery for introduction, manufacture 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 any textile fiber product; or in connection with the sale, offering for sale, advertising, delivery, transportation or causing to be transported, of any Order TT E.T.AC.

textile fiber product, which has 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 product, whether in its 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:

1. Falsely or deceptively stamping, tagging, labeling. invoicing, advertising or otherwise identifying such products as to the name or amount of the constituent fibers contained therein.

2, Failing to affix a stamp, tag, label or other means of identification to each textile fiber product showing in a clear, legible and conspicuous manner each element of information required to be disclosed by Section 4(b) of the Textile Fiber Products Identification Act.

3. Failing to set forth information required to be disclosed under Section 4(b) of the Textile Fiber Products Identification Act and the Rules and Regulations promulcated thereunder conspicuously and separately on the same side of the label and in a manner clearly legible and readily accessible to prospective purchasers with all parts of the required information appearing in type or lettering of equal size and conspicuousness.

It is further ordered, That respondents notify the Commission at least 30 davs prior to 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 this order.

It is further ordered, That the respondent corporation shall forthwith distribute a copy of this order to each of its operation divisions. It és 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. HARRY KRAMER, INC., ET AL. 49 Complaint