Nussbaum and Donnenfeld, Inc.

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

IN THE !UTTER OF NUSSBA U~I AND DONNENFELD, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\Il\IISSlON AND THE FUR PRODUCTS LABELING ACTS Docket 6782. Complaint, Apr. 18, 195" Decisiun, All!!. , 1957 ' Consent order requiring a furrier in New York City to comply with the labeling and invoicing requirements of the Fur Products Labeling Act. Afr. Jlichae7 .1. Vitale andilIJ' Thoma/;; A. Ziebarth for the Commission.

~11' 1filton IJol'ow-itz. of New York, N. , for respondents. INITIAL DECISION BY ABNER E. LIPSCOMB, l-IEARING EXA::\IINER The complaint herein was ' issued on April 18, 1957, charging Respondents with misbr~mding and falsely and deceptively invoicing their fur products, in violation of 94(2) and 9 5(b) (1) of the Fur Products Labeling Act, Rule 40 (a) of the Rules and Regulations promulgated thereunder, and the Federal Trade Commission Act. On June 18 , 1957, respondents, their counsel, and counsel supporting the complaint entered into an Agreement Containing Consent Order To Cease And Desist, which was approved by the Director and the Assistnnt Director of the Commission s Bure.au of Litigation, and thereafter submitted to the Hearing Examiner for consi d erati on.

H.respondent Nussbaum and Donnenfeld, Inc. is identified in the agreement as a New York corporation, with its office and principal place of business located at 135 'Vest 29th Street, New York, New York, and individual Respondents l-Iarry Nussbaum and l\lax Donnenfeld, respectively, as president and treasurer thereof, having the same address.

Respondents admit a11 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 respondents, in the agreement, waive any further procedure beforeallegations. the Hearing Examiner and the Commission; the making of findings of fact or conclusions of law; and all the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement. A11 parties agree that the record on which the initial decision and the decision of the Com- , ,, , 234 FEDERAL TRADE . COMMISSION' ' DECISIONS 'Older 54 F, )nission sha~l be based consist solely of the complaint and the agreement; that the order to cease and desist as contained in the agreement shall have the same force and effect as if entered after a full hearing, and ma.y be altered, modified or set aside in the manner provided for -other orders; that the complaint herein may be used in construing the te-rms of said order; and that the 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. . After. consideration of the allegations of the complaint and the provisions of the agreement and the proposed order the Hearing Examiner is of the opinion that such order constitutes a satisfactory disposition of this proceeding. Accordingly, in consonance with the terms of the aforesaid agreement, the Hearing Examiner accepts the Agreement Containing Consent Order To Cease ...L\.nd Desist; finds that the Commission has jurisdiction over the Respondents and over their acts and practices as alleged in the complaint; and finds that this proceeding is in the public interest. Therefore 1 t is ordered That Nussbaum and Donnenfeld, Inc., a corporation and its officers, and I-Iarry Nussbaum and Max Dollllenfeld, individually and as officers of said corporation, and Respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction or manufacture for introduction into commerce, or the sale, advertising, or offering for sale in commerce, or the transportation or distribution in con~merce, of any fur product, or in connection with the manufacture for sale, sale, advertising, offering for sale, transportation, or distribution of any fur product which has been made in whole or in part of fur which has been shipped and received in commerce, as commerce fur " and "fur product" are defined in the Fur Products Labeling Act, do forthwith cease and desist from: A. Misbranding fur products by:

1. Failing to affix labels to fur products showing: (a) The name or names of the animal or animals producing the fur or furs contained in the fur product as set forth in the Fur Products Name Guide and as prescribed under the Rules and Regulations;

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

(c) That the fur product contains or is composed of bleached dyed or otherwise artificially colored fur, when such is a fact; (d) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur hen such is a fact; NUSSBAUM AND DONNENFELD, INC., ET AL. 235 233 ,Decision ( e) The name, or other identification issued and registered by the Commission of one or -more persons ",ho 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.e; (f) The name of the country of origin of any imported furs used in the fur product;

(g) The item numbers or marks assigned to the fur products as required under Rule 40 (n.) of the Rules and Regulations; B. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices to purchasers of fur products showing:

(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 under the Rules and Regulations;

(b) That the fur product contains or IS composed of used fur when such is a. fact;

(c) That the fur product contains or is composed of bleached dyed, or otherwise artificially c.colored fur, when such is a fact; (d) That the fur product is composed in whole or in substantial part. of paws, tails, bellies or ",aste fur, when such is a fact; (e) The name and address of the person issuing such invoices; (f) The name of the country of origin of any imported furs contained in the fur product;

(g) The item numbers or mn.rks assigned to fur products as required under Rule 40 (a) of the Rules and Regulations. DECISION OF TI-IE CO3DIISSION AND onder TO FILE REPORT OF CO:l\IPLIANCE Pursuant to Section 3. 21 of the Commission ~s Rules of Practice the initial decision of the hearing examiner shan, on the 27th day of August, 1957 become the decision of the Commission; and, accordingly:

It i. 01Yle1' , That respondents Nussbaum and Donnenfeld, Inc.. a. corporation, and Harry Nussbaum and ~lax Donnenfeld, individually and as officers of said corporation, shall, within sixty (60) days after service upon them of this order, file ",ith 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. .'528577-60- 236 FEDERAL TRADE COl\-fMISSION DECISIONS Decisjon 54 F.