UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
DELIA'S INC., a corporation.
DOCKET NO.
COMPLAINT
The Federal Trade Commission, having reason to believe that Delia's Inc.
("respondent") has violated the provisions of the Federal Trade Commission Act,
15 U.S.C. § 41 et seq. (FTC Act), the Textile Fiber Products Identification
Act, 15 U.S.C. § 70 et seq. (Textile Act), and the Wool Products Labeling
Act, 15 U.S.C. § 68 et seq. (Wool Act), and it appearing to the Commission
that this proceeding is in the public interest, alleges:
- 1. Respondent is a Delaware corporation with its principal office or place of business
at 435 Hudson Street, New York, New York 10014.
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- 2. Respondent is a retail seller of clothing for women and girls. Respondent has
advertised, offered for sale, sold, and distributed to the public textile products subject
to the requirements of the Textile Act and wool products subject to the requirements of
the Wool Act.
-
- 3. The acts and practices of respondent alleged in this complaint have been in or
affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade
Commission Act.
-
- 4. Respondent has offered for sale and sold, by means of both a print
catalog and an online shopping service or Internet catalog, textile products subject to
the requirements of the Textile Act and wool products subject to the requirements of the
Wool Act.
-
- 5. Respondent has offered for sale and sold, by means of both a print
catalog and an online shopping service or Internet catalog, textile products subject to
the requirements of the Textile Act and wool products subject to the requirements of the
Wool Act, without disclosing in its product descriptions whether such products were made
in the U.S.A., imported, or both, thus violating 15 U.S.C. § 70b(i), and
implementing regulations in 16 C.F.R. § 303.34 (as amended 63 Fed. Reg. 7508, 7518
(Feb. 13, 1998)), and 15 U.S.C. § 68b(e), and implementing regulations in 16 C.F.R.
§ 300.25a (as amended 63 Fed. Reg. 7508, 7516, 7517 (Feb. 13, 1998)).
-
- 6. The acts and practices of respondent as alleged in this complaint constitute unfair
or deceptive acts or practices in or affecting commerce in violation of Section 5(a) of
the Federal Trade Commission Act, 15 U.S.C. § 45(a).
THEREFORE, the Federal Trade Commission this __ day of _____, 1999, has issued this
complaint against respondent.
By the Commission.
Donald S. Clark
Secretary
SEAL: |