[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