Joel S. Workman trading as Joel Workman Company

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

IN THE 11A TTER OF JOEL S. ,VORK~fan TRADING AS JOEL 'VORK~fan CO~IP ANY 'CONSENT ORDER ETC., IN REGARD TO TI-IE ALLEGED HaLATION OF THE ::FEDERAL TRADE CO:Ml\IISSION AND THE FUR PRODUCTS LABELING ACTS Doch~et 67,' 6. Golllpl.a.i:nt, Api". 16, 1957-Dccisi.on, Aug. 14, 1957' Consent order requiring a furrier in Nevi' York City to cease violating the Fur Products Labeling Act by failing to comply with labeling and iin-oicing requirements.

ill?'. S. F. Ii house for the Commission. ill?' . Joel S. ~Volk17w.n of New York, N. pro se. INITIAL DECISION BY LOREN H. LAUGHLIN" I-IEARIXG EX.BIIXEII to as the The Federal Trade Commission (hereinafter referred Commission) on April 16 , 1957 , issued its c.complaint herein under the Federal Trade Comnlission Aet, and the Fur Products Labeling Act against the above-named responde,nt .Joel S. \Vorkman, an in- 'dividual trading as Joel \Vorkman Company. The complaint charges respondent with having violated in certain particulars the provisions of sa.id Ac.ts and the Rules a.nd l~egulations promulgated under the Fur Produc.ts Labeling Ad. The respondent was duly served with process. By letter dated :May 7 , 1957, treated as an answer by the Conllnission, respondent admitted the allegations of the complaint and asked for eon sent settlement. Therefore, pursuant to Section 25 of the Commission s Rules of Practic.e for Adjudic.ative Proceedings, the hearing examiner by order dated June 19, 1957, eance.led of the com- the initial hearing as set forth in the " N otic.e~' portion plaint. Respondent having requested, in substance, by letter dated ~Iay 7 , 1957 June 4, 1957, leave to withdraw:w his said letter of cause Commission s counsel being agreeable thereto, and for good be shown, it is ordered that said letter so treated as an ans"'er eonsidere.d as withdrawn and the. "Agreement Containing Consent Order To Cease And Desistt hereinafter referred to, together with record herein for the pur- the complaint, shan constitute the entire poses of this initial de.cision.

On June 27 , 1957, there was filed "With the, hearing examiner of the Commission for his consideration and approval an "Agreement Containing Consent Order To Cease And Desist "Which had been oe.l S. \Yorkman entered into by and between the said respondent ,-T and S. F. I-Iouse., counsel supporting the complaint, under elate of JOEL WORKMAN CO. 183 182 Decision June 19, 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 Containing Consent Order To Cease And Desist " the hearing examiner finds that said agreement both in form and content is in aecord with Seetion 3. of the Rules of Practice and Procedure of the Commission and that by said agreement the parties have speeifieally agreed that: 1. Respondent Joel S. ,Yorkman is an individual trading as Joel 'Yorkman Company, "With his office.e and principal plac.e of business located at 259 ,Yest 30th Street, in the City of New Yor1\:, State N ew York.

2. Pursuant to the provisions of the Federal Trade Commission Aet and the Fur Products Labeling Act, the Federal Trade Commission ~ on April 16~ 1957, issued its complaint in this pr6ceeding against respondent, and a true copy ,yas thereafter duly served on respondent..

3. Respondent admits all the jurisdictional facts anegec1 in the complaint and agrees that the. record may be. taken fls if findings of jurisdictional facts had been duly made in aeeordanee "With such allegations.

4. This agreement disposes of all of this proceeding as to said respondent.

5. Respondent waives:

(a) Any further procedural steps before the hearing examiner and the Commission;

(b) The making of findings of fact or conclusions of b'T; and (e) All of the rights he may have to challenge or eon test the validity of the order to cease and desist entered in acc.ordanee with this agreement.

6. The record on which.h the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement.

7. This agreement shall not become a part of the oflkia.l record unless and until it becomes a part of the deeision of the Commission. 8. This agreement is for settlement purposes only and does not eonstitl1te an admission by respondent that he has violated the la,,;as alleged in the complaint.

The parties hate further specifieany agreed that the proposed order to cease and desist inc.luded in said agreement may be entered in this proceeding by the Commission ,without further notice to respondent; that when so entered it shall have the same foree and Order 54 F.

effect as if entered after a full hearing; that it may be altered modified or set aside in the manner provided for other orders; and that the complaint may be used in construing the terms of the order. Upon due consideration of the complaint herein filed and the said "Agreement Containing Consent Order To Cease A.nd Desist " the latter is hereby approved, accepted and ordered filed, the same not to become a part of the record herein, however, unless and until it becomes part of the deeision of the Commission. The hearing ex- :aminer finds that the Commission has jurisdiction of the subject matter of this proceeding and of the person of the respondent herein; that the complaint stat~s a legal cause for complaint under the Fed- 'eral Trade Commission Act and the Fur Products Labeling Aet and the Rules and Regulations promulgated by the Commission under the latter Act, against respondent both genera.lly and in each of the particulars alleged therein; that this proceeding 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 proceeding, such order to become final only if and when it beeomes the order of the Commission; and that said order therefore should be., and hereby is, entered as follows:

ORDER It is ordered That the respondent Joel S. ,Yorkman, an individual trading as Joel vVorkman Company, or any other trade name, and respondent' s representatives, agents, and employees, directly or through any corporate or other device, in c.connection "ith the introduction, or manufacture for introduction into commerce, or the sale, advertising, offering for sale, transportation or distribution of fur products in commerce, or in connection with the manufacture for sale, sa.le, advertising, offering for sale, transportation or distribution of fur products which have been made in whole or in part of fur which has been shipped and received in commerce, as "eommerce fur" and "fur products a.re defined in the Fur Products Labeling Act, do fort.1ndth ee.ase, and desist from: 1. lUisbra.nding fur products by:

(a) Failing to affix labels to fur products showing: (1) The name or names of the animal or animals producing the fur or furs contained in the fur produd, as set. forth in the Fur Products N a.me Guide and as preseribecl under the Hules and R,egula.tions;

(2) That the fur product contains or is composed of used fur w hen such is the fact;

JOE~ WORKMAN CO. 185 182 Decision (3) That the fur product contains or is composed of bleached dyed, or artificially colored fur, when such is the fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact; (5) The name, or other identification issued and registered by the Commission, of one or more persons who manufactured such fur product for introduction into commerce, introduced it into commerce, sold it in commerce, advertised or offered it for sale in commerce, or transported or distributed it in commerce; (6) The name of the country of origin of any imported furs used in the fur product;

(7) The item number or mark assigned to a fur product. 2. Falsely or deceptively invoicing fur products by: (a) Failing to furnish purchasers of fur products invoices show- (1) The name or names of the animal or animals producing themg:fur or furs contained in the fur product as set forth in the Fur Products Name Guide or as prescribed under the Rules and Regulations;

(2) That the fur product contains or is composed of used fur when such is the fact;

(3) That the fur product contains or is composed of bleached dyed, or otherwise artificially colored fur, when such is the fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact; (5) The name and address of the person issuing such invoice; (6) The name of the country of origin of any imported furs contained in a fur product;

(7) The item number or mark assigned to a fur product. DECISION OF THE COi\lmission AND ORDER TO FILE REPORT OF COUPLL\NCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner did, on the 14th day of August, 1957, become the deeision of the Commission; and, accordingly :

It is ordered That respondent .Joel S. ",Vorkman, an individual trading as Joel ,Yorkman Company, shall, within sixty (60) days after service upon him 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. , 186 FEDERAL TRADE CO:MMISSION DECISIONS Decision 54 F.