[Federal Register Volume 59, Number 36 (Wednesday, February 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4045]
[[Page Unknown]]
[Federal Register: February 23, 1994]
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FEDERAL TRADE COMMISSION
[File No. 932 3092]
Jockey International, Inc.; Proposed Consent Agreement With
Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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SUMMARY: In settlement of alleged violations of federal law prohibiting
unfair acts and practices and unfair methods of competition, this
consent agreement, accepted subject to final Commission approval, would
require, among other things, a Wisconsin-based manufacturer of
underwear, hosiery, and sportswear to disclose the country where its
clothing is made and to use the correct generic fiber name for clothing
in advertisements contained in its mail order catalogs.
DATES: Comments must be received on or before April 25, 1994.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:Robert Easton, FTC/S-4631, Washington,
DC 20580. (202) 326-3029.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Sec. 2.34 of the
Commission's Rules of Practice (16 CFR 2.34), notice is hereby given
that the following consent agreement containing a consent order to
cease and desist, having been filed with and accepted, subject to final
approval, by the Commission, has been placed on the public record for a
period of sixty (60) days. Public comment is invited. Such comments or
views will be considered by the Commission and will be available for
inspection and copying at its principal office in accordance with
Sec. 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR
4.9(b)(6)(ii)).
Agreement Containing Consent Order To Cease and Desist
The Federal Trade Commission having initiated an investigation of
certain acts and practices of Jockey International, Inc., a corporation
(hereinafter referred to as Jockey International, Inc. or proposed
respondent) and it now appearing that Jockey International, Inc., is
willing to enter into an agreement containing an order to cease and
desist from the use of the acts and practices being investigated,
It is hereby agreed by and between Jockey International, Inc., by
its duly authorized officer and counsel for the Federal Trade
Commission that:
1. Proposed respondent Jockey International, Inc., is a corporation
organized, existing and doing business under and by virtue of the laws
of the State of Wisconsin with its office and principal place of
business located at 2300 60th Street, Kenosha, Wisconsin.
2. This agreement is for settlement purposes only and does not
constitute an admission by proposed respondent of facts, other than
jurisdictional facts, or of violations of law as alleged in the draft
of complaint here attached.
3. Proposed respondent waives:
(a) Any further procedural steps;
(b) The requirement that the Commission's decision contain a
statement of findings of fact and conclusions of law;
(c) All rights to seek judicial review or otherwise to challenge or
contest the validity of the order entered pursuant to this agreement;
and
(d) Any claim under the Equal Access to Justice Act.
4. This agreement shall not become part of the public record of the
proceeding unless and until it is accepted by the Commission. If this
agreement is accepted by the Commission it, together with the draft of
complaint contemplated thereby, will be placed on the public record for
a period of sixty (60) days and information in respect thereto publicly
released. The Commission thereafter may either withdraw its acceptance
of this agreement and so notify the proposed respondent, in which event
it will take such action as it may consider appropriate, or issue and
serve its complaint (in such form as the circumstances may require) and
decision, in disposition of the proceeding.
5. This agreement contemplates that, if it is accepted by the
Commission, and if such acceptance is not subsequently withdrawn by the
Commission pursuant to the provisions of Sec. 2.34 of the Commission's
Rules, the Commission may, without further notice to proposed
respondent, (1) issue its complaint corresponding in form and substance
with the draft of complaint here attached and its decision containing
the following order to cease and desist in disposition of the
proceeding and (2) make information public in respect thereto. When so
entered, the order to cease and desist shall have the same force and
effect and may be altered, modified or set aside in the same manner and
within the same time provided by statute for other orders. The order
shall become final upon service. Delivery by the U.S. Postal Service of
the complaint and decision containing the agreed-to order to proposed
respondent's address as stated in this agreement shall constitute
service. Proposed respondent waives any rights it may have to any other
manner of service. The complaint may be used in construing the terms of
the order, and no agreement, understanding, representation, or
interpretation not contained in the order or the agreement may be used
to vary or contradict the terms of the order.
6. Proposed respondent has read the proposed complaint and order
contemplated hereby. It understands that once the order has been
issued, it will be required to file one or more compliance reports
showing that it has fully complied with the order. Proposed respondent
further understands that it may be liable for civil penalties in the
amount provided by law for each violation of the order after the order
becomes final.
Order
I
It is ordered, That respondent Jockey International, Inc., a
corporation, its successors and assigns, trading under its own name or
under any other name or names, and its officers, agents, licensees,
representatives and employees, directly or through any corporate or
other device, in connection with the offering for sale, selling or
advertising of any textile fiber product in any mail order catalog or
mail order promotional material which is used in the direct sale or
direct offering for sale of such textile fiber product, in commerce, as
the terms ``textile fiber product'' and ``commerce'' are defined in the
Textile Fiber Products Identification Act (15 U.S.C. 70) (``Textile
Act''), do forthwith cease and desist from:
1. Failing to state in the description of such textile fiber
product in a clear and conspicuous manner that such textile fiber
product is processed or manufactured in the United States of America,
or imported, or both; and
2. Mentioning or implying fiber content without using the generic
fiber names in a manner consistent with the Textile Act and the rules
and regulations thereunder.
II
It is further ordered, That respondent shall notify the Commission
at least thirty (30) days prior to any proposed change in the
respondent such as dissolution, assignment or sale resulting in the
emergence of a successor corporation, the creation or dissolution of
subsidiaries or any other such change in the corporation which may
affect compliance obligations arising out of the order.
III
It is further ordered, That respondent shall forthwith distribute a
copy of this order to each of its employees, agents, licensees and
representatives acting in connection with the offering for sale,
selling or advertising of any textile fiber product in any mail order
catalog or mail order promotional material which is used in the direct
sale or direct offering for sale of such textile fiber product, in
commerce, as the terms ``textile fiber product'' and ``commerce'' are
defined in the Textile Fiber Products Identification Act (15 U.S.C. 70)
(``Textile Act'').
IV
It is further ordered, That respondent shall within sixty (60) days
after service upon it of this order, file with the Commission a report,
in writing, setting forth in detail the manner and form in which it has
complied with this order.
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission has accepted an agreement to a
proposed consent order from Jockey International, Inc. (``Jockey'').
The proposed consent order has been placed on the public record for
sixty (60) days for reception of comments by interested persons.
Comments received during this period will become part of the public
record. After sixty (60) days, the Commission will again review the
agreement and the comments received and will decide whether it should
withdraw from the agreement or make final the agreement's proposed
order.
Jockey is a large, privately owned corporation headquartered in
Kenosha, Wisconsin, that uses the mail to sell clothing and other
textile products. The complaint alleges that Jockey, in selling textile
clothing products through mail order catalogs, did not tell customers
whether the products were made in the United States or imported.
Further, the complaint alleges that Jockey did not use the generic name
``spandex'' with the trademark ``Lycra'' to describe the type of
textile fibers used in goods it sold, but instead only used the
trademark ``Lycra.'' The complaint alleges that these actions by Jockey
violated the Textile Fiber Products Identification Act (``Textile
Act'') and the Commission's implementing rules, and constituted unfair
methods of competition and unfair and deceptive acts and practices in
violation of section 5 of the Federal Trade Commission Act.
The Textile Act and the Commission's rules, among other things,
require companies that sell textile products by mail order catalogs or
mail order promotional materials, such as coupons, to state clearly and
conspicuously whether the textile products are made in the United
States, or imported, or both. If fiber content is mentioned or implied
in a written advertisement, the Textile Act requires disclosure of the
generic name of the fiber. Additionally, if a fiber trademark is used
in advertising textile products, the Textile Act requires that the
generic name of the fiber appear next to the trademark.
The proposed order requires Jockey, in compliance with the Textile
Act and the Commission's rules, to inform its customers whether the
textile products it sells by mail are made in the United States, or
imported, or both, and to use the generic fiber names of such textile
products if it mentions or implies fiber content. Jockey does not admit
that it violated the law, but agrees to provide the information in the
future.
The purpose of this analysis is to facilitate public comment on the
proposed order, and it is not intended to constitute an official
interpretation of the agreement and proposed order or to modify in any
way their terms.
Donald S. Clark,
Secretary.
[FR Doc. 94-4045 Filed 2-22-94; 8:45 am]
BILLING CODE 6750-01-M
