The Halle Bros. Co.

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IN THE 1\fA TTER OF THE Il, LLE BROS. CO.

CONSENT ORDER, ETC., IN REGARD TO THE "ALLEGED VIOLATION OF 'l'1-IE FEDERAL TRADE COl\D:USSION AND THE FUR PRODUCTS LABELING ACTS IJocli,et //'8. Complaint, Apr. 16, 1957" DccisioJl., Sept. 10, 1957' Consent order requiring a funier in Cleveland, Ohio, to cease violating the Fur Products Labeling Act by falsely identifying: on labels and invoices the animals producing certain furs and by failing to comply with labeling and in-oicing requirements of the Act; anel, in advertising, failing to tlisclose the name of animals producing certain furs and that certain products contained artificially colored furs, and nnming other animals than tllOse producing the same furs.

Jh' S. F. I-1oIlse supporting the complaint.. ce of Cleveland, Ohio, for Ii enderson, Q'ua-il, Schne-icle1' Pei1' respondent.

INITIAL DECISION BY JOHN LEWIS , I-IEARING EXA)IINER against the The Federal Trade Commission issued its compbint above-named respondent on April 16, 1957, charging it with having violated the Fur Produc.ts Labeling Act and the Rules and Regulations issued thereunder, and the Federal Trade Commission the falseAct through the misbranding of certain products and and deceptive invoieing and advertising thereof. After being served subse-with said complaint, respondent appeared by counsel and quently entered into an agreement, dated ~ uly 2, 1957 , containing a consent order to cease and desist purporting to dispose of all this proc.eeding as to an parties. Said agreement, "which has been signed counsel sup-by respondent, by counsel for said respondent, and by porting the complaint, and approved by the Director and Assistant Director of the Commission s Bureau of Litigation, has been submitted to the above-named hearing examiner for his consideration in accordance with Section 3.25 of the Commission s Rules of Practice for Adjudicative Proceedings.

Respondent, pursuant to the aforesaid agreement~ has admitted al1 the jurisdictional allegations of the complaint. and agreed that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations. Said agreement further provides that respondent ,vaives any further proce- , the dural steps before the hearing examiner and the Commission mn,kin!:!: of findin~'s of fact 01' conclusions of law and all of the rights it may have to challenge or contest the validity of the order to cease and desist entered in accordance with such agreement. It THE HALLE BROS. CO. 311 310 Order has been agreed that the order to cease and desist issued in accordance with said agreement shall have the same force and effect as if entered after a full hearing and that the complaint may be used in construing the terms of said order. It has also been agreed that the. record herein shall consist solely of the complaint and said agreement, and that said agreement. is for settlement purposes only and does not constitute an admission by respondent that it has violated the law as alleged in the complaint. This procec(ling having now come on for final consideration on the complaint and the aforesaid agreement containing consent order, and it appearing that. the order provided for in said agreement covers all the aJ1egations of the complaint and provides for appropriflte disposition of this proceeding as to all parties, said agreement is hereby accepted and is ordered filed upon this decision s becoming the clec.ision of the Commission pursuant to Sections 21 and 3. 25 of the Commission s Hules of Practice for Adjudicative Proceedings, and the hearing examiner, accordingly, makes the follo,,'ing jurisdictional findings and order: 1. l~esponclent The I-Ialle. Bros. Co. is n c.orporation existing and doing business under find by virtue of the laws of the State of Ohio with its office nnd principal plac.e of business located at 1228 Euc.1id Avenue, in the City of Cleveland, State of Ohio. 2. The Federal Trade Commission hfls jurisdiction of the subject matter of this proceeding and of the respondent hereinabove named. The. complaint states a cause of action flgainst said respondent under the Fur Products Labeling Act and the Federal Trade Commission Act, and this proceeding is in the interest of the public. ORDER 1 t onlered That the responde.nt The I-Ialle Bros. Co. a corporation anc1its officers, and respondents representatives, agents, and employees, c1irectJy or through any corporate or other device, in connection with the introduc.tion into commerce, or the sale, ac1vertising or offering for sale in commerce, or the transportation or c1istrib11tion in commerce of fur products, or in connection 'with the sale, advertising, ofiering for sale, transportation or distribution fnr products which hate been made in whole or in part of fur which had been shipped find received in commerce, as "c.commerce fur " and " fur product" are defined in the Fur Products Labeling Ac.t, do forthwith ceflse and desist from: 1. J\Iisbranc1ing fur produc.ts by:

(a) Falsely or deceptively labeling or othenyjse identifying any such prodnd as to the name or names of the animal or animals that proclncecl the fur :from ,yhieh such produc.t was manufactured. . .

Order 54 F.

(b) 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 product as set forth in the Fur Products Name Guide and as prescribed under the Rules and R.egulations;

(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 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, sold it in commerce, advertised or offered,d it for sale in commerce, or transported or distri bu ted it in commerce;

(6) The name of the country of origin of any imported furs used in the fur product.

( c) Setting forth on labels attached to fur products: (1) Information required under Section 4 (2) of the Fur Products Labeling Act and the R.ules and R.egulations promulgated thereunder "which is intermingle,d with non-required information; (2) Information required under Section 4(2) of the Fur Products Labeling Act and the R.ules and Regulations promulgated thereunder in handwriting.

(d) Failure to show on labels attached to fur products an ite, number or mark assigned to fur products, in violation of Rule 40 ( a) of the Rules and R.egulations.

2. Falsely or deceptively invoicing fur products by: (a) Failing to furnish invoices to purchasers of fur products showing:

(1) 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 X ame Guide and as prescribed under the R,ules 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 clvec1 01' otherwise artificiallv colored fur, when such is the fact: 1) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or "aste fur, "hen such is the fact; (5) The name and address of the person issuing such invoices; 'IHE HALLE BROS. CO. 313 310 Decision (6) The name of the country of origin of any imported furs contained in the fur product.

(b) Setting forth information required under Section 5 (b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form. 3. Falsely or deceptively advertising fur products through the use of any advertisement, representation, public announcement, or notice which is intended to aid, promote, or assist, directly or in(lirectly, in the sale, or offering for sale of fur products, and which: (a) Fails to disclose 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 said Rules and Regulations;

(b) Fails to disclose that fur products are bleached, dyed, or otherwise artificially colored, when such is the fact; (c) Contains the name or names of an animal or animals other than those producing the fur contained in the fnr products. DECISION OF THE co~DnSSlON AND ORDER TO FILE REPORT 0.1" COJIPLIANCE Pursuant to Section 3.21 of the Commission ~s Rl1les of Practice the initial decision of the hearing examiner shall, on the 10th day of September 1957 become the decision of the Commission; and accordingly:

1 t is onlered That the respondent herein shall within sjxty (GO) days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with the order to cease and desist. , 314 FEDERAL TRADE CO11MISSION DECISIO~S De.eision 54 F.

IN TI-IE J\latter OF LOUIS TAR-AN ET AL. DOIXG BUSINESS AS CERTIFIED SERVICE CO. AND E)IPLOY1\IENT REVIEW\V OFFICE; XD BETTY SCHEE\VE DOING BUSINESS AS NA- TIOXAL ADVERTISING SERVICE COXSEXT ORDER. ETC'.. IX HEG...-\HD TO THE ALLEGED VIOLATIO)T OF THE J'EDER.\L TRADE COJDIISSION ACT Dod.-ct, 6,' ~, Co/II/ilaillf, Jill/. 8, lfliJ,' Dccif;ion, Sept. llJij, Con~lnt order requiring jlldiyicln;1J~ eoncl\1ctin~' f\ coJJection agency, ",ith offices in New York City mill \Yns!Jington, D, , to ceasp representing that their firm W'flS Hn agency lit' the Vllitcel SIHtl'S GO\'f'l"llIlIent in order to get current information on c1eJi:Jl/llent clf'lilo1"~:: and to ('en~:e placing' in the h:lncls of others, questionnaires or oti~.'r cullect!oll material \ylIich failed to state its purpose clearly.

Jlr. Jliclwcl J. FUale for the Commission. Jl"1'. Sol II. El'stetn of New York, N. , for respondents. IXITL\L DECISION BY A BKEIl E. LIrsco::\JB. I-IEARIKG EX.DIIKER On ~ anuary 8 , 11)57, complaint herein was issued, charging Respondents '\with the use of false, mis1eac1ing and deceptive representations in the conduct of n collection agency and in eolleeting accounts m\'ed to others: "which representations constitute unfair and clecepti,-e acts and practices in commerce, in violation of the Federal Trade Commission Act.

On June 10, 1H57 , Respondents, their counsel, and c-ounsel supporting the complaint entered into an Agreement Conta,ining Consent Order To Cease . nd Desist which was approved by the Diredor and the Assistant Director of the Commission s Bureau of Litigation, and thereafter submitted to the I-Ie.aring Examiner for consideration.

Respondents Louis Tarun and :l\fartin Baron are identified in the agreement as copartners trading and doing business under the names of Certified SelTice Co. and Employment neTiew Ofilce, with their ofilce and principal place of business located at 401 Broadway, New York, ~ew York, and Respondent Betty Scheewe as an individual tl'ndinp: and doing lmsiJless as National Advertising Serviee, with her office. ancl principal1 place of business located at 1196 National Press Building, ,Yashington Hesponclents admit all the jnrisdietional facts alleged in the eomfindings of plaint HlHl agree that the record may be tal\:en as ;) j j CERTIFIED SERVICE CO. : ETC. , ET AL. 315 314 Order jurisdictional fact. had been duly made in accordance with such allegations.

Hespondei1ts, in the agreement, waive any further procedure before the hearing Examiner and the Commission; the making findings of fact or conclusions of law; and all the rights the.y may lun' e to challenge. or contest the validity of the order to cease and desist entered in accorcbnce ,,'ith the agreement. All arties a!yree that the record on ,which the initial decision and the decision of the Commission shall be based shall 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 a.iter a full hearing, and may be a.Jtered, modified or set aside in the manner provided for other orders; tho,t the compbint herein may used in eonstruing the terms of said order; and that the agreement is for settle,ment 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 l-Iearing Examiner is of the opinion that such order constitutes a satisfactory disposi bon of this proceeding. Accordingly, in consonance with the terms of the aforesaid agreement, the I-Iearing Examiner accepts the Agreement Containing Consent Order To Cease And Desist; finds that the Commission has jurisdiction over the Hespondents 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 onle?' That R.respondents Louis Taran and :Martin Baron copartners, trading and doing business under the names of Certified Service Co. and Employment Review Office, or under any other name, and Betty Seheewe., individually and trading under the name of N ationa.J Aclyertising Service, or under any other name, jointly 01' severally, their representatives, a.gents and employees, directly or through any corporate or other device, in connection with the business of obtaining information concerning delinquent debtors, in commerce, as "commerce" is defined in the Federal Trade Commission Act, do fortlnvith cease and desist from: 1. ljsing or placing in the hands of others for use, any form questionnaire or other material, printed or 'written, ,which do not. clearly and expressly state that the purpose for which the information is requested is that of obtaining information concerning delinquent de.btors;

2. l-::-sing the name "Employment Heview Oflice~' or ony other words or phrase of similar import in connection with their business; f)~:~' GO- Decision 54 F. T. C.

or otherwise representing, directly or by implication, that requests for information concerning delinquent debtors are from the United States Government or any agency or branch thereof, or that their business is in any way connected with the United States Government. DECISION OF THE COl\DIISSION AND ORDER TO l"ILE HEPOHT OF CO)IPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shall, on the 11th day of September, 1957 become the decision of the Commission; and accordingly:

I t is ordered That respondents Louis Taran and ~lartin Baron copartners trading and doing business as Certified Service Co. and Employment Review Office; and Betty Scheewe., an individual trading and doing business as National .Advertising Service, 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.

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TOLCHINSKY' S FUR SHOP 317 Decision