Malvia C. Putnam, trading as Malvia Putnam Chenilles
Volume 77 · 77 F.T.C. 936
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Malvia C. Putnam, trading as Malvia Putnam Chenilles, 77 F.T.C. 936 (1970). Consumer Law Library, https://consumerlawlibrary.org/decisions/v077-0129
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In toe Marrer or MALVIA C. PUTNAM rraptne as MALVIA POTNAM CHENILLES CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE PEDERAL TRADE COMMISSION AND TINE FLAMMABLE FABRICS ACTS Doekct C-1765. Complaint, July 14, 1970—Dccision, July 14, 1970 Consent order requiring a Resaca, Ga., manufacturer and distributor of wearing apparel, including chenille robes, to cease importing, ‘selling or transporting dangerously flammable wear.
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 believe that Malvia C. Putnam, an individual trading as Malvia Putnam Chenilles, hereinafter referred to as respondent has violated the provisions of said Acts, and the Rules and Regulations MALVIA PUTNAM CHENILLES . YSsl 936 Decision and Order promulgated 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:
Paracrare 1. Respondent Malvia C. Putnam is an individual trading as Malvia Putnam Chenilles. She is engaged in the manufacture, sale and distribution of wearing apparel, including but not limited to chenille robes, with her principal place of business located at R.F.D. 1, Resaca, Georgia.
Par. 2. Respondent for some time last past has been engaged in the manufacture for sale, the sale or offering for sale, in commerce, and has introduced, delivered for introduction, transported and caused to be transported in commerce, and has sold or delivered after sale or shipment in commerce, products, as “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 chenille robes. Par. 3. The aforesaid acts and practices of respondent were 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 respondent that the law has been violated as alleged in 938 FEDERAL TRADE COMMISSION DECISIONS ~* Decision and Order TT ETAC.
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 respondent has 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 Malvia Putnam is an individual trading as Malvia Putnam Chenilles under and by virtue of the laws of the State of Georgia.
Respondent is engaged in the manufacture, sale and distribution of wearing apparel, including but not limited to chenille robes, with her principal place of business located at R.F.D. 1, Resaca, Georgia. 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 Malvia C. Putnam, individually and trading as Malvia Putnam Chenilles, or under any other name or names, and respondent’s representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from 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 product, fabric, or related material as “commerce,” “product,” “fabric” or “related material” are defined in the Flammable Fabrics Act, as amended, which fails to conform to any applicable standard or regulation continued in effect, issued or amended under the provisions of the aforesaid Act.
lt is further ordered, That the respondent herein shall within ten (10) days after service upon her of this order, file with the Commis- ‘sion an interim special report in writing setting forth the respondent’s intentions as to compliance with this order. This interim special report shall also advise the Commission fully and specifically concerning the identity of the product which gave rise to the complaint, (1) the amount of such product in inventory, (2) any action HDUAKDU F. AUALr yuu 936 Complaint taken to notify customers of the flammability of such product and the results thereof and (3) any disposition of such product since August 18, 1969. Such report shall further inform the Commission whether respondent has in inventory any fabric, product or related material having a plain surface and made of silk, rayon, cotton, or combinations thereof, or acetate and nylon, in a weight of two ounces or less per square yard or fabric with a raised fiber surface made of cotton or rayon or combinations thereof. Respondent will submit samples of any such fabric, product or related material with this report. Samples of the fabric, product or related material shall be of not less than one square yard of material. It ts further ordered, That respondent herein shall, within sixty (60) days after service upon her of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which she has complied with this order.