Saks & Co

Text (OCR of the scan at left; may contain errors)

IN THE l\fatter OF SAKS & COl\IP ANY MODIFIED CEASE AND DESIST ORDER Docket 3456. Order, Apr. 15, 1941 Modified Older in proceeding in question, in which original order is>'ued on Apr. 3, 19-!0, 30 F. T. C. 808, and in which, following the filing of petition for review in the Circuit Court of Appeals for the Second Circuit .to set llSide such order, and the filing !:n the court by the Commission of a transcript of the e11tire record, parties executed a stipulation by the terms of which respond~nt agreed to dismiss its petition and the Commission agreed, thereupon, to set aside its said order, in lieu thereof, to mal•e, enter, and sen·e a modified order as therein provided, and court accordingly, on motion of respondent, dismissed said petition, and Commission set aside its aforesaid order 1ltequiring respondent, Its officers, etc., in connection with offer, etc., in commerce, of its furs or fur products or textile fabrics, including wonH'n's dresses and wearing apparel, to forthwith ·cease and desist from misrepresenting (1) customary worth, value, and prices of Its furs ot' fur products, and (2) as new or "brand new" any fur coat not In fact new. and from ush1g ( 1) unqualified de~crlptive term "satin," etc .. to describe, {'tc., any fabric or product not composed wholly of silk, product of cocoon d the silkworm, and (2) term "silk," etc., to describe, etc., any fabric or product not composed wholly of silk, as aforesaid; as In said ot·der In detail set forth, and subject to provisos therein stated in connection with use of aforesaid te~;ms.

Defore !lfr. Edward E. Reardrm., trial examiner. llfr. Robert Mathis, Jr. for the Commission. 11/r. Horaee G. llitchcock of Chadbourne, ·wallace, Parke & Whiteside, of New York City, for respondent.

MODIFIED ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Cow· mission upon the complaint of the Commission, the answer of re- !'opondent, testimony, and other evidence taken before Edward E. Reardon, Esq., an examiner of the Commission theretofore duly designated by it, in support of the allegations of said complaint und in opposition thereto, briefs filed herein, and oral arguments by Robert Mathis, Jr., Esq., counsel for the Commission, nnd by Horace G. Hitchcock, Esq., of the firm of Chadbourne, 'Vallare, Parke & 'Vhiteside, counsel for the respondent, and the Commission 1 See post, p. 16~8.

SAKS & CO. 1185 1184 Modified Ordet• having made its findings as to the facts and its conclusion that saill respondent had violated the provisions of the Federal Trade Commission Act, and having, on April 3, 1940, issued and, on April 4, 1940, served upon the respondent its order to cease and desist from said violations of said act; and said respondent, on J un~ 3, 1940, having petitioned the United States Circuit Court of Appeals for the Second Circuit to review and set aside said order to cease and desist; and the Commission having thereafter certified and filed in said Court a transcript of the entire record in the proceeding theretofore pending before it, in which said order to cease and desist Was entered; and said respondent having filed in said Court a printed. transcript of said record and its brief; and the parties having, on March 28, 1941, executed a stipulation by the terms of which said respondent agreed to dismiss its said petition for review, and said Commission agreed, upon the dismissal of said petition for review, to set aside its said order to cease and desist issued on April 3, 1940, and in lieu thereof to make, enter, and serve upon respondent a lnodified order to cease and desist, as provided in said stipulation; and said Circuit Court of Appeals, on April 2, 1941, on motion of said respondent, having entered its order dismissing said petition for review; and the Commission having set aside its said order to cease and desist issued on April 3, 194:0; and being fully advised in the premises;

It is ordered, That the respondent, Saks & Co., a corporation, its officers, representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, and distribution of its furs or fur products or its textile fabrics, including women's dresses and women's wearing apparel, in commerce, as "commerce" is defined in the Fede-ral Trade Commission Act, do forthwith cease and desist from: 1. Representing as the customary m- regular worth or value of nny furs, or fur products made in whole or in part of fur, prices and values which are in excess of the price at which such products are regularly and customarily sold in the normal and usual course of business.

2. Representing as new or "brand new" any fur coat which is not in fact a new fur coat.

3. Using the unqualified descriptive term "satin," or any other descriptive terms indicative of silk, to describe, designate, or in any manner refer to any fabric or product which is not composed wholly of silk, the product of the cocoon of the silkworm, provided, however, that when said words or descriptive terms are used truthfully Modified Order 32 F. T. C. to. designate or describe the type of weave, construction or finish, such words must be qualified by using in connection and conjunction therewith in letters of at least equal size and conspicuousness a word or words clearly and accurately naming or describing the fibers or materials from which said products are made. 4. Using the term "silk," or any other term or terms of similar import or meaning indicative of silk, to describe or designate any fabric or product which is not composed wholly o:f silk, the product of the cocoon of the silkworm, provided, that in the case of a fabric or product composed in part of. silk and in part of materials other than silk, such term or similar terms may be used as descriptive o:f the silk content when immediately accompanied by a word or words accurately describing and designating such other materials. It is further ordered, That the respondent shall, within 60 days after service upon it o:f this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with this order.

RAMSDELL PACKING CO. 1187 Complaint