Julius Hoffert, Inc.

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IN THE ~IA TTER OF JULIUS HOFFERT, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO TI-IE ALLEGED VIOLATION OF THE FEDER,\L TRADE COMMISSION AND THE FUn PRODUCTS LABELING ACTS Docket 6"/2G. CO1JllJlnillt, FcIJ 195" ))ccis'iu'// , July, 195,' Consent order requiring a furrier in 1'\ew York City to cease invoicing fur products falsely tl1rollgh setting forth required information in abbreviated fonn, ill violation of the Fur Products Labeling Act, 1111'. Robert E. Vaughan and 1111'. Ross D. oung for the Commission.

1111'. Arthur J. Golds1m:th of New York, N. , for respondents. INITIAL DECISION BY LOREN 1-1. LA UGlILIN , 1-IEAIUNG EXAMINER The Federal Trade Commission (hereinafter referred to as the Commission) on February 18, 1957, issued its complaint herein tinder the FeclcrrtJ Trade Commission Act, and the Fur Products I..nbeJing Act against the above-named respondents .)u1i11S I-IoiTert, Inc.. , a corporation, and .Julius Hoffert and Bert Ed'\"arc1s, individually and as oflicers of said corporation. The complaint charges respondents '\"itb having violated in certain particllJars the provisions of said Acts and the Rules and Regulations promulgated under the I, Products Labeling Act. The respondents '\"ere duly served '\"ith proc.ess. Upon being ac1yised that Commission ~s counsel and the respondents were negotiating an agreement :for a consent cease and desist order pursuant to 9 3.25 of the Commission s R,ules of Prac.tice for Adjudicative Proceedings, the time for answer was extended and the initial hearing postponed by appropriate order pending the negotia1 ion of such an agreement.

On l\1ay 13, ID57, there was submitted to the undersigned hearing examiner of the Commission for his consideration and approval an Agreement. Containing Consent Order to Cease and Desist " which had been entered into by and betweell each of the said respondents , .

FEDERAL TRADE CO~MISSION DECISIONS Decision 54 F.'l' and their attorney, Arthur J. Goldsmith, and Hobert E. Vaughan and Hoss D. Young, counsel supporting the complaint, under date of April 11 , 1957, and subject to the approval of the Bureau of Litigation of the Commission. Such agreement had been thereafter duly approved by the Director and Assistant Director of the Commission s Bureau of Litigation.

On due consideration of the said agreement c.containing consent order to cease and desist, the hearing examiner finds that said agreement both in form and content is in accord '\with S 3.25 of the Commission s Rules of Practice for Adjudicative Proceedings, and that by said agreement the parties have specifically agreed that: 1. The corporate respondent Julius I-Ioffert, Inc., is a corporation organized, existing and doing business under and by virtue of the la.'\ys of the State of Ne'\Y Y 01'1\: , '\yithits office and principal place of b11siness located at 22G "'Vest 2Dth Street, New York, New York. Respondent .Julius I--Iofl'ert. is president. and secretary of said c.orpol' ate respondent. Respondent Bert Echyards is treasurer of said corporate respondent. These individual respondents fonl1u1nte, direct and control the acts, policies and prac.tices of said c.corporate respondent. Their address is the same, as that of said corporate. respondent.

2. Pursuant to the provisions of the Fur Products Labeling Act and Federal Trade Commission Act, the Federal Trade Commission Act, the Federal Trade Commission, on February 18, 1957, issued its complaint in this proceeding against respondents, and a true copy as thereafter duly served on respondents. 3. Hespondents admit al1 the jurisdictional facts alleged in the complaint and agree that the record may be taken as if findings of jurisdic.tional fac.ts had been duly made in acc.orc1ance ,,-ith such al1egatiolls.

4:. This agreement disposes of a11 of this proceeding as to all parties.

f). Hespondents waive:

(a) Any further procc(lural steps before the hearing exammer and the Commission;

(b) The making of findings of fac.t or conclusions of law; and (c.) All of the, rights they may have to challenge or contest the yaliclity of the order to cease and desist entered in accol'Clance with this ~agreement.

G. The record on which the initial decision and the decision of the Commission shall be based shall c.consist solely of the complaint and this agreemen L JULIUS HOFFERT, INC. , ET AL.

Order 7. This agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission. S. This agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.

The parties have further specifically agreed that the proposed order to cease and desist included in said agreement may be entered in this proceeding by the Commission without further notice to respondents; that when so entered it shall have the same forc.e and effect as entered after a full hearing; that it may be altered, modified or set aside in the manner provided for other orders; and that the comthe order.plaint may be used in c.onstruing the terms of Upon due consideration of the complaint filed herein and the said "Agreement Containing Consent Order to Cease and Desist " the latter is hereby approved, accepted and ordered filed, the same not to become a part of the rec.ord herein, however, unless and until it beeomes part. of the deeision of the Commission. The hearing examiner finds from the complaint and the said "Agreement Containing Consent Order to Cease and Desist" that the Commission has jurisdiction of the subject matter of this proceeding and of the persons of each of the respondents herein; that the complaint states a legal c.cause for complaint under the Federal Trade Commission Act and the Fur Produc.ts Labeling Act and the Rules and Regulations promlllga.ted by the Commission under the latter Ac.t, against each of the respondents both generally and in each of the particulars alleged therein; that this proc.eeding is in the interest, of the public; that the following order as proposed in said agreement. is appropriate for the just disposition of all of the issues in this proc.eeding, such beeomes the order of theorder to become final onlv if and when it Commission; and that said order therefore should be, and hereby is entered as follo'\Ys:

ORDER 1 t 2:8 ordei' crl That respondent .Julius I-IofTert, Inc., a corporation and its otricers, and respondents .Julius Hoffert. and J3ert Edwards , and respondentsindiyidually and as oflicers of said corporation representatives, agents, and employees, directly or through any corporate or other device in connection with the int roductjon, or manufacture for intToductjon, into c.commerce, or the sale, or offering for sale in c.commerce, or the transportation or distrjbution in commerce of fur products, or in c.onneetion with the manufacture for sale, sale ofJ'ering for sale, transporta.tjon, or distribution of fur products ",which have been made in whole or in part of furs '\which have been Order 54 F.

shipped and received in commerce, as "commerce fur" and "fur product" are defined in the Fur Products Labeling Act, do fortlnvith cease and desist from:

A. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices to purchasers of fur products show- Ing:

a. The name or names of the animal or animals producing the fur or furs contained in the fur products as set forth in the Fur Products Name Guide and as prescribed by the Rules and Regulations; b. That the fur product contains or is composed of used fur, when such is the fact;

c. That the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur, when such is the fact; d. That the fur product is composed in .whole or in substantial part of pa'\,s, tails, bellies or waste fur, when such is the fact; e. The name and address of the person issuing such invoice; f. The name of the country of origin of any imported furs contained in the fur product.

2. Setting forth on invoices of fur products: a. Information, required under Section 5 (b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, in abbreviated form.

DECISlO~ OF THE COMl\IISSlOX AND Order TO FILE REPORT OF CO1\IPLL\NCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shall, on the 2nd day of July, ID57, become the decision of the Commission; and, accordingly: I t is ordercd That the. respondents herein shall within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist. MANHATTAN BRUSH CO. , INC., ET AL.

Decision