The U.S. Consumer Product Safety Commission today announced it has accepted a provisional consent agreement with Variety Frocks of New York City and copartners Irving Edelman and Benjamin Laub.
According to CPSC investigators, Variety Frocks of 1359 Broadway, New York, New York, declared on invoices that the apparel items offered for sale were under a continuing guarantee that requirements of the Federal Flammable Fabrics Act (FFA) had been met. The CPSC staff found, however, that the continuing guarantee had lapsed in 1973. A continuing guarantee is a declaration that goods comply with requirements of the FFA standards for flammability. The continuing guarantee may be used instead of a separate declaration of compliance on each shipment that items comply with flammability standards.
To support a continuing guarantee, the company is required either to conduct flammability tests to establish that its items comply or to have on record assurances from its suppliers that the items the company receives are in compliance. CPSC investigators found that there were no assurances of compliance from two of the firm's five suppliers.
Under the consent order, the company and the copartners will be required to keep their continuing guarantee current or to comply with the FFA in alternative manners.
The company and its copartners also will be required to either test apparel to assure that it complies with flammability standards or have in its records assurances from each of its suppliers that the apparel items are in compliance.
A consent order does not constitute an admission that a law has been violated by the firm or its copartners but it is for settlement purposes. A civil penalty of up to a $10,000 fine could be imposed for a violation of the order.
The complaint and consent order will remain on the public record for 60 days through July 31, 1976, during which time any interested person may submit comments to the Office of the Secretary, U.S. Consumer Product Safety Commission, Washington, D.C. 20207.
After considering any comments, the Commission may accept the agreement or withdraw its provisional acceptance.
For additional information about this consent order, contact the Bureau of Compliance, U.S. Consumer Product Safety Commission, Washington, D.C. 20207.
About the U.S. CPSC
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. Since the CPSC was established more than 50 years ago, it has worked to ensure the safety of consumer products, which has contributed to a decline in injuries associated with these products.
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