Albert Gross Furs, Inc.

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

IN THE l\LATTER OF ALBERT GROSS FURS, INC., ET .AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR I'RODUCTS LABELING ACTS Docket 6738. Complaint, .Mar. 8, 195" Decisi. , Aug. /, 1,957 Consent order requiring a furrier in New York City to cease violat.ing the Fur Products Labeling. Act by invoicing of fur products which failed to conform to the requirements of the Act.

1/11'. Robe1't E. Tlau.ghan and illi'. Rose D. Young for the Commission.

lVieS8 lViene1' by jill. Leo lVien€r of New York, N. , for respondents.

INITIAL DECISION BY J. EARL Cox, I-IEARING EXAMINER The complaint charges respondents with violation of the Federal Trade Commission Act and of the Fur Products Labeling Aet and the Hules and R.egulations promulgated thereunder, by falsely and deceptively invoicing their fur products. After the issuance of the complaint, respondents, their counsel and counsel supporting the complaint entered into an agreement containing eonsent order to cease and desist hieh ,vas approved by the Direetor and the Assistant Director of the Cmnmission s Bureau of Litigation, and thereafter transmitted to the Hearing Examiner for consideration.

The agreement identifies respondent Albert Gross Furs, Ine. as a N e"" York corporation, ,,-ith its office and principal place of business located at 146 ,Vest 29th Street, New York, New York, and respondent Albert Gross as an individual, now president of respondent corporation, who directs and controls the acts and practices of the respondent corporation and has the same address as the corporate respon den The agreement. provides among other things, that respondents admit all the jurisdictional facts alleged in the complaint and agree that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations; that the record on which the initial deeision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement; that the agreement shall not become a part of the official record unless and until it becomes part. of the c1~~cision of the ALBERT GROSS FURS, INC., ET AL. 161 160 Order Commission; that the complaint may be used in construing the terms of the order agreed upon, which may be altered, modified or set aside in the manner provided for other orders; that the agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as aUeged in the complaint; and that the order set forth in the agreement and hereinafter included in this deeision shall have the same force and effect as if entered after a fun hearing. Respondents waive any further procedural steps before the Hearing Examiner and the Commission; the making of findings of fact or conclusions of law; and all of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordanee with the agreement.

The order agreed upon fully disposes of aU the issues raised in the complaint, and adequately prohibits the acts and practices charged therein as being in violation of the Federal Trade Commission Act the Fur Products Labeling Aet and the Rules and Regulations promulgated thereunder. Aecordingly, the I-learing Examiner finds this proceeding to be in the public interest and accepts the agreement conta.ining consent order to cease and desist as part of the record upon which this deeision is based. Therefore It is ordered that respondent Albert Gross Furs, Ine., a corporation, and its officers, and respondent Albert Gross, individually and as an officer of said corporation, and respondents' representatives agents, and employees, directly or through any corporate or other device in connection with the introduction 01' manufacture for introduction, into commerce, or the sale, or oii'ering for sale in commerce or the transportation or distribution in commerce, of fur products or in connection with the manufacture for sale, sale, offering for sale., transportation, or distribution of fur products which have been made in ,,"hole or in part of furs which hate been shipped and received in commerce, as "commerce fur" and " fur product" are defined in the Fur Products Labeling Aet, do forthwith cease and desist from:

A. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoiees 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 R.ules and Regulations;

b. That the fur product contains or is composed of used fur, when such is the fact;

J62 FEDERAL TRApE COlVIMISSION DECISIONS Decision 54 F.

e. That the fur product contains or is composed of bleaehed, dyed 01' otherwise artificially colored fur, when such is the fact; d. That the fur produd is composed in whole or in substantial part of paws, tails, bellies or waste fur, ,,~hen 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;

g. The item number of such fur product as required in Rule 40 (a) of the Regulations under the Fur Products Labeling Act; 2. Setting forth on invoices of fur products: a. Information, required under Section 5 (b) (1) of the Fur Produets Labeling Act and the Rules and Regulations promulgated thereunder, in abbreviated form.

DECISION OF THE CO:)DIISSIOX AND ORDER TO FILE REPORT OF CO:)IPLL-\NCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shall, on the 7th day of August, 1957, become the decision of the Commission; and, ae- .cordingly:

It is ordered That respondents Albert Gross Furs, Inc. , a corporabon, and Albert Gross, indivicluaJly and as an officer of said corporation, 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 ,,-hieh they have eomplied with the order to cease and desist..

SIBERIAN FUR SHOP, INQ. , ET AL. 163 Decision