Regal Apparel LTD

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

IN THE MATTER OF REGAL APPAREL LTD.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED Violation OF THE FEDERAL TRADE COMMISSION AND TEXTILE FIBER PRODUCTS IDENTIFICATION ACTS Docket C-2621. Complaint, Jan. , 1.975 - Deci,sion, Jan. , 1975 Consent order requiring a Los Angeles, Calif., manufacturer and importer of men and boys' apparel, among other things to cease mishranding its textile fiber products.

Appearances For the Commission: Gerald E. Wright and Kerper G. Propert. For the respondent: Pro se.

COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Textile Fiber Products Identification Act, and by viue of the authority veste in it by such Acts, the Federal Trade Commission having reason to believe that Regal Apparel Ltd., a corporation hereinafter referred to as respondent, has violated the provisions of said Acts and the rules and regulations promulgated under the Textile Fiber Products Identification Act, and it now appearing to the Commission that a proceeding by it in respect thereof would bc in the Decision and Order public interest, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondent Regal Apparel Ltd., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York. Their office and principal place of business is located at 124 E. Olympic Blvd., Los Angeles, Calif. Respondent is engaged in the manufacturng, importation and sale of mens and boys wearing apparel, including, but not limited to tennis jackets.

PAR. 2. Respondent is now and for some time last past has been engaged in the introduction, delivery for introduction, manufacture for introduction, sale, 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 has sold, offered for sale, delivered, transported and caused to be transported, textile fiber products, which have been offered for sale in commerce; and has sold, offered for sale, 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 tenns "commerce" and "textile fiber products" are defined in the Textile Fiber Products Identification Act.

PAR. 3. Certain of said textie fiber products were misbranded by the respondent 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 deceptively stamped, tagged, labeled, 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 (tennis jackets) with labels which set forth the fiber content as "65% Cotton, 35% Polyester " whereas, in truth and in fact, the said textile fiber products contained substantially different amounts of fibers than represented. PAR. 4. The acts and practices of respondent as set forth above were and are, in violation of the Textile Fiber Products Identifcation 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.

DECISION AND ORDER The Federal Trde Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hcreof, and the respondent having been furished thereafter with a Decision and Order 85 F.

copy of a draft of complaint which the San Francisco Regional Office proposed to present to the Commission for its consideration and which if issued by the Commission, would charge respondent with violation of thc Federal Trade Commission Act and the Textile Fiber Products Identification Act, as amended; and Respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by 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 such complaint and waivers and other provisions as required by the Commissionrules;The Commission having thereafterandconsidered the matter and having determined that it has 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 sixty (60) days, now in further confonnty with the procedure prescribed in Section 2.34(b) of its rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Regal Apparel Ltd., is a corporation organized existing and doing business under and by virtue of the laws of the State of New York, with their offce and principal place of business located at 124 E. Olympic Blvd., Los Angeles, Calif.

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 Reg-al Apparel Ltd., a corporation, its successors and assigns, and its officers, and respondent's agents representatives, and employees, directly or through any corporation subsidiary, division, or any 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 textile 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 Decision and Order after shipment in commerce of any textile 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: A. Misbranding textile fiber products by:

I. 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. It is further ordered That respondent corporation shall forthwith distribute a copy of this ordcr to each of its operating divisions. It is further ordered That respondent notify the Commission at least thirty (30) days prior to any change in the corporate respondent, such as dissolution, assignment or sale resultin.g 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 herein shall, within sixty (60) days after service upon it of this order, fie with the Commission a report in writing setting forth in detail the manner and form in which it has complied with this order.