9923008
B257255

UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION

In the Matter of

DELIA'S INC., a corporation.

DOCKET NO. C-3875

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.

 

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 second day of June, 1999, has issued this complaint against respondent.

By the Commission.

Donald S. Clark
Secretary

SEAL: