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IN RE HYDE ATHLETIC INDUSTRIES INC Click to find out why . . .



Keywords & Phrases
CaseNo: IRHAII171196, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: MA Massachusetts, UniqueCaseRef: LCD>IRHAII171196, Respondent, Commission, Advertisement, Bangor, Complaint, Maine, Saucony, Footwear, Shoes, Hyde Athletic Industries, Federal Trade Commission, Representation, Running Shoes, American, Acts, Agreement, Disclosure, Paragraph, Exhibit, Built, Importer, Violation, Provision, Ordinary Consumer, Family-owned Company, Practices, Manner, Employer, Pride, Commissioner, Print Statement, Dissenting Statement, Commissioner Roscoe, Starek, Standard, Original Consent Agreement, Enforcement, Majority , ContentID: 120247811

Case Documents
1   CONSENT AGREEMENT
[ see first page and extracted highlights below  ] ItemID: 118876
11 pages
PDF
2 1995-10-18 STAREK STATEMENT
[ see first page and extracted highlights below  ] ItemID: 118877
1 pages
PDF
Total Documents: 2 documents , 12 pages
Price: $ 24.95


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1 . CONSENT AGREEMENT

EXTRACTED KEY WORDS
COMMISSION
ADVERTISEMENT
BANGOR
COMPLAINT
MAINE
SAUCONY
FOOTWEAR
SHOES
FEDERAL TRADE COMMISSION
REPRESENTATION
RUNNING SHOES
AMERICAN
ACTS
HYDE ATHLETIC INDUSTRIES
AGREEMENT
DISCLOSURE
PARAGRAPH
EXHIBIT
BUILT
IMPORTER
VIOLATION
PROVISION
ORDINARY CONSUMER
FAMILY-OWNED COMPANY
PRACTICES
MANNER
EMPLOYER
PRIDE
PRINT STATEMENT
                                                UNITED STATES OF AMERICA
                                      BEFORE FEDERAL TRADE COMMISSION


                                                                                    )    FILE NO.
           In the Matter of                                                        ))    AGREEMENT
HYDE ATHLETIC INDUSTRIES, INC.,                                                    )     CONSENT
           a corporation.                                                          )     CEASE AND
                                                                                    )


           The Federal Trade Commission having initiated an investigation of certain acts and
practices of Hyde Athletic Industries, Inc., a corporation ("proposed respondent"), and it now
appearing that proposed respondent is willing to enter into an agreement containing an order to
cease and desist from the acts and practices being investigated,

           IT IS HEREBY AGREED by and between Hyde Athletic Industries, Inc., by its duly
authorized officer, and its attorney, and counsel for the Federal Trade Commission that:

           1.          Proposed respondent Hyde Athletic Industries, Inc., is a Massachusetts
corporation with its principal office or place of business at 13 Centennial Industrial Park Drive,
Peabody, Massachusetts 01960.  Proposed respondent is a U.S. manufacturer, importer, and
seller of footwear, with manufacturing facilities in Bangor, Maine.

           2.          Proposed respondent admits all the jurisdictional facts set forth in the
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
                                   and

                       (d)         All claims under the Equal Access to Justice Act.


                                                                    Page 1 of 6



        4.          This agreement shall not become a 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 the complaint contemplated hereby, will be placed on
the public record for a period of sixty (60) days and information in respect thereto publicly
SNIPPETS:
  • The Federal Trade Commission having initiated an investigation of certain acts and practices
  • Proposed respondent is a U.S. manufacturer, importer, and seller of footwear, with
  • If this agreement is accepted by the Commission, it, together with the draft of the complaint
  • When so entered, the order to cease and desist shall have the same force and effect and may
  • The complaint may be used in construing the terms of the order, and no agreement,
  • Proposed respondent further understands that it may be liable for civil penalties in the
  • In a television or video advertisement, the disclosure shall be presented
  • simultaneously in both the audio and video portions of the advertisement.
  • ordinary consumer to hear and comprehend it.
  • IT IS ORDERED that respondent, Hyde Athletic Industries, Inc., a corporation, its successors isrepresenting, in any manner, directly or by implication, that footwear made wholly abroad is made
  • PROVIDED FURTHER, that if such complaint is dismissed or a federal court rules that the or ruling is upheld on appeal.
  • The "Help The Country" advertisement (Exhibit 1) states:
  • "Built With Pride In BANGOR MAINE USA"
  • That's because we've been a major employer in New England since 1906.
  • Generation after generation, our family-owned company has worked with the families of Bangor,
  • The advertisements attached as Exhibits 4 and 5 include the statements made in Exhibits 2 and
  • "In-Line running shoes built in Bangor,
  • "PROUD TO BE AN AMERICAN."

  • 2 . STAREK STATEMENT

    EXTRACTED KEY WORDS
    DISSENTING STATEMENT
    COMMISSIONER ROSCOE
    STAREK
    HYDE ATHLETIC INDUSTRIES
    STANDARD
    ORIGINAL CONSENT AGREEMENT
    ENFORCEMENT
    MAJORITY
    BROAD REVIEW
    PREMATURE
    CONDONE
    CLAIMS SET
    SAFE HARBOR
    PROCLAIMS
    REQUEST
    PREPARATION
    PUBLIC WORKSHOP
    PRODUCT ADVERTISING
    LABELING
    
                DISSENTING STATEMENT OF COMMISSIONER ROSCOE B. STAREK, III
                                              IN THE MATTER OF
                          HYDE ATHLETIC INDUSTRIES, INC., FILE NO. 922-3236
    
                I would have preferred to have accepted the original consent agreement rejected by the
    
    Commission last fall.  As I have consistently stated, case-by-case enforcement -- rather than a
    
    regulatory proceeding -- is the appropriate means to evaluate the "Made in USA" standard.          
    
    Since a majority of the Commission has opted to conduct a broad review of the "Made in USA"
    
    standard, however, it is premature for the Commission to condone use of the Made in USA
    
    claims set forth in the safe harbor until it proclaims what the standard is.
    
    
    
    
    
    
        1 See Request for Public Comment in Preparation for Public Workshop Regarding "Made in
    USA" Claims in Product Advertising and Labeling, 60 FR 53923, 53930 (October 18, 1995)
    (Dissenting Statement of Commissioner Roscoe B. Starek, III);  Hyde Athletic Industries, Inc. ,
    File No. 922-3236 (Dissenting Statement of Commissioner Roscoe B. Starek, III).
    
    
    
    
    SNIPPETS:
  • DISSENTING STATEMENT OF COMMISSIONER ROSCOE B. STAREK,
  • I would have preferred to have accepted the original consent agreement rejected by the
  • case-by-case enforcement -- rather than a
  • Since a majority of the Commission has opted to conduct a broad review of the "Made in USA"
  • standard, however, it is premature for the Commission to condone use of the Made in USA
  • claims set forth in the safe harbor until it proclaims what the standard is.
  • See Request for Public Comment in Preparation for Public Workshop Regarding "Made in USA"
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