Congoleum Industries, Inc. v. Consumer Product Safety Commission

This administrative action was commenced September 19, 1972, upon issuance by the Federal Trade Commission (FTC) of a complaint against Congoleum Industries, Inc. (Congoleum) alleging that Congoleum had sold carpeting, type Endureze 9113, which failed to conform to the Flammable Fabrics Act, as amended. 15 U.S.C. §§ 1191 , et seq. (App. 17-21). There ensued a trial before a FTC Administrative Law Judge (ALJ) on February 20,1973, and the record was closed in July 1973. On May 14, 1973, the newly created Consumer Product Safety Commission (CPSC) began operations and this proceeding was then transferred from the FTC to the CPSC. This court has jurisdiction pursuant to 15 U.S.C. § 1193 (eXl).

I

Based upon the record made at trial, beginning on August 3, 1973, the complaint counsel, the Director, Bureau of Compliance of the CPSC and the attorney for respondent, Congoleum, filed a joint stipulation requesting the ALJ to enter an initial decision dismissing the complaint against Congoleum with prejudice (App. 50-51), and to certify such initial decision to the CPSC with a favorable recommendation that the Commission concur in such dismissal.

On August 3, 1973, the ALJ, without acting…