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1
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CONSENT AGREEMENT
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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
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2
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STAREK STATEMENT
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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).
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