[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4358]


[[Page Unknown]]

[Federal Register: February 25, 1994]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 94-C0009]

 

Futon Factory; Provisional Acceptance of a Consent Order 
Agreement

AGENCY: Consumer Product Safety Commission.

ACTION: Provisional Acceptance of a Consent Order Agreement under the 
Flammable Fabrics Act (FFA).

-----------------------------------------------------------------------

SUMMARY: It is the policy of the Commission to publish settlements 
which it provisionally accepts in the Federal Register in accordance 
with the terms of 16 CFR section 1605.13. Published below is a 
provisionally-accepted Consent Order Agreement with Ted Imel, d/b/a 
Futon Factory.

DATES: Any interested person may ask the Commission not to accept this 
agreement or otherwise comment on its contents by filing a written 
request with the Office of the Secretary by March 14, 1994.

ADDRESSES: Persons wishing to comment on this Settlement Agreement 
should send written comments to the Comment 94-C0009, Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT:
Melvin I. Kramer, Trial Attorney, Office of Compliance and Enforcement, 
Consumer Product Safety Commission, Washington, DC 20207; telephone 
(301) 504-0626.

SUPPLEMENTARY INFORMATION: (Attached).

    Dated: February 17, 1994.
Sheldon D. Butts,
Deputy Secretary.

Consent Order Agreement

    Ted Imel, doing business as Futon Factory (hereinafter, 
``Respondent'') enter into this Consent Order Agreement (hereinafter, 
``Agreement'') with the staff (hereinafter, ``staff'') of the Consumer 
Product Safety Commission (hereinafter, ``Commission'') pursuant to the 
procedure for Consent Order Agreements contained in section 1605.13 of 
the Commission's Procedures for Investigations, Inspections, and 
Inquiries under the Flammable Fabrics Act (FFA), 16 CFR part 1605.
    This Agreement and Order are for the sole purpose of settling 
allegations of the staff that the Respondent sold futon mattresses that 
are subject to the Flammable Fabrics Act, the Federal Trade Commission 
Act, and the Standard for the Flammability of Mattresses and Mattress 
Pads (FF 4-72), amended), 16 CFR part 1632, (hereinafter, ``Mattress 
Standard''); and that those futon mattresses failed to comply with 
those Acts and the Mattress Standard issued thereunder, as more fully 
set forth in the complaint accompanying this Agreement.

Respondent and the Staff Agree

    1. The Consumer Product Safety Commission has jurisdiction in this 
matter under the following acts: Consumer Product Safety Act (15 U.S.C. 
2051 et seq.), Flammable Fabrics Act (15 U.S.C. 1191 et seq.), and the 
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
    2. Respondent is a sole proprietorship organized and existing under 
the laws of the State of Oregon with its principal place of business 
located at 220 SW Ankeny, Portland, Oregon 97204.
    3. Respondent Ted Imel is the sole proprietor of the Futon Factory 
and, in this capacity, is responsible for its acts, practices, and 
policies.
    4. Respondent is now and has been engaged in one or more of the 
following: The manufacture for sale, the sale, or the offering for 
sale, in commerce, of a product, fabric, or related material which is 
subject to the requirements of the Flammable Fabrics Act, 15 U.S.C. 
1191 et seq., and the Standard for the Flammability of Mattresses and 
Mattress Pads (FF 4-72, amended), 16 CFR part 1632.
    5. This Agreement is for settlement purposes only, does not 
constitute an admission by Respondent that he has violated the law, and 
becomes effective only upon its final acceptance by the Commission and 
service of the Final Order upon Respondent.
    6. Respondent waives (a) all requirements for finding of fact and 
conclusions of law in the disposition of this matter, and (b) 
administrative and judicial review of the facts and proceedings.
    7. The requirements of this Order are in addition to, and not to 
the exclusion of, other remedies such as criminal penalties which may 
be pursued under section 7 of the FFA, 15 U.S.C. 1196, and civil 
penalties which may be pursued under section 5 of the FFA, 15 U.S.C. 
1194.
    8. Violation of the provisions of the Order may subject Respondent 
to a civil penalty not to exceed $10,000 for each such violation, as 
prescribed by law.
    9. The Commission may disclose the terms of this Consent Order 
Agreement.
    10. This Agreement and the Complaint accompanying the Agreement may 
be used in interpreting the Order.
    11. No agreement, understanding, representation or interpretation 
not contained in this Agreement, Order, and accompanying Complaint may 
be used to vary or contradict the terms of the Order.
    Upon acceptance of this Agreement, the Commission shall issue the 
following Order:

Order

I

    It is hereby ordered that respondent, and his successors and 
assigns, agents, representatives, and employees of the Respondent, 
directly or through any corporation, subsidiary, division, or other 
business entity, or through any agency, device or instrumentality, do 
forthwith cease and desist from selling or offering for sale, in 
commerce, or manufacturing 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 which fails to conform to the Standard for the Flammability of 
Mattresses and Mattress Pads (FF 4-72), amended 16 CFR part 1632.

II

    It is further ordered that respondent conduct prototype testing for 
each futon mattress design, prior to production, in accordance with 
applicable provisions of the Standard for the Flammability of 
Mattresses and Mattress Pads (FF 4-72, amended), 16 CFR part 1632.

III

    It is further ordered that respondent prepare and maintain written 
records of the prototype testing specified in paragraph II of this 
Order for each futon mattress design, including photographs of the 
tested futon mattresses, in accordance with applicable provision of the 
Standard for the Flammability of Mattresses and Mattress Pads (FF 4-
72,) amended), 16 CFR part 1632.

IV

    It is further ordered that respondent prepare and maintain a 
written record of the manufacturing specifications of each futon 
mattress prototype in accordance with applicable provisions of the 
Standard for the Flammability of Mattresses and Mattress Pads (FF 4-72, 
amended), 16 CFR part 1632.

V

    It is further ordered that respondent conduct prototype testing or, 
if appropriate, obtain supplier certification to support any 
substitution of materials after prototype testing, in accordance with 
all applicable provisions of the Standard for the Flammability of 
Mattresses and Mattress Pads (FF 4-72, amended), 16 CFR part 1632.

VI

    It is further ordered that respondent prepare and maintain a 
written record of the manufacturing specifications of any new ticking 
or tape edge material substituted for those used in the original 
prototype testing, in accordance with applicable provisions of the 
Standard for the Flammability of Mattresses and Mattress Pads (FF 4-72, 
amended), 16 CFR part 1632.

VII

    It is further ordered that respondent prepare and maintain all 
other records required by the Standard for the Flammability of 
Mattresses and Mattress Pads (FF 4-72, amended), 16 CFR part 1632, 
including:

(a) Records to support any determination that a particular material 
other than ticking or tape edge material did not influence ignition 
resistance;
(b) Ticking classification test results or a certification from the 
ticking supplier;
(c) Tape edge substitution test results;
(d) Photographs of any futon mattress tested for purposes of making 
a tape edge substitution; and,
(e) Records describing the disposition of all failing or rejected 
prototype futon mattresses.

VIII

    It is further ordered that respondent shall forthwith distribute a 
copy of this Order to each of its operating divisions.

IX

    It is further ordered that respondent shall within sixty (60) days 
after service upon them of this Order, file with the Commission a 
report, in writing, setting forth in detail the manner and form in 
which he has complied with this Order.

X

    It is further ordered that, for a period of ten (10) years from the 
date this Order becomes final within the meaning of the Federal Trade 
Commission Act, Respondent notify the Commission at least thirty (30) 
days prior to any proposed change in the way Respondent does business 
which may affect his compliance obligations arising out of this Order.

XI

    It is further ordered that the Consent Order Agreement is 
provisionally accepted pursuant to 16 CFR section 1605.13, and shall be 
placed on the public record, and the Commission shall announce 
provisional acceptance of the Consent Order Agreement in the 
Commission's Public Calendar and in the Federal Register.

    Signed this 22nd day of November, 1993.
Ted Imel,
d/b/a Futon Factory, 220 SW Ankery, Portland, OR 97204.
David Schmeltzer,
Associate Executive Director, Office of Compliance and Enforcement.
Alan H. Schoem,
Director, Division of Administrative Litigation, Office of Compliance 
and Enforcement.
Melvin I. Kramer,
Trial Attorney, Division of Administrative Litigation, Office of 
Compliance and Enforcement.
    By direction of the Commission, this Consent Order Agreement is 
provisionally accepted pursuant to 16 CFR section 1605.13, and shall be 
placed on the public record, and the Commission shall announce 
provisional acceptance of the Consent Order Agreement in the 
Commission's Public Calendar and in the Federal Register.

    So ordered by the Commission, this 18th day of February, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 94-4358 Filed 2-24-94; 8:45 am]
BILLING CODE 6355-01-M