Harry H. Tolchinsky trading as Tolchinsky'S Fur Shop

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

IN THE :MATTER OF 1-IARRY 1-1. TOLCHINSICY TRADING AS TOLCHINSKY'S FUR SHOP CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\HnSSION AND THE FUR PRODUCTS LABELING ACTS Docket 6'"/39. Complaint, 310.1", 8, 1957-Decision, Sept. 13, 1957 Consent order requiring a furrier in Providence, RI. , to cease violating the Fur Products Labeling Act by nffixing to fur products labels bearing fictitious prices find misrepresenting their value, and falsely identifying the animal producing certain furs; failing in newspaper advertiselm~nts to disclose the names of animals producing furs and that certain furs were artiticially colored, and representing usual prices falsely as reduced; and failing in other respects to conform to the labeling, invoicing, and advertising requirements of the Act.

111-7'. S. F. Ii o.use for the Commission. RO8enste.z' J aCfj1les by .1lh'. A 1Yt7J1 If. B erbe1'ian of Providence , for respondent.

INITL-\L DECISION BY J. EAHL Cox, 1-IEAHIXG EXAl\IINER The complaint charges respondent with violation of the Federal j\ct andTrade Commission Act and of the Fur Products Labeling the Rules and R.egulations promulgated thereunder, by misbranding and by falsely and deceptively advertising and invoicing fur l)I'od nets. his counsel, and After the issuance of the complaint, respondent, counsel supporting the complaint entered into an agreement containing consent order to cease and desist, which was approved by the. Director and the Assistant Director of the Commission s Bureau of Litigation, and thereafter transmitted to the Hearing Examiner for consideration.

The agreement identifies respondent I-Iarry 1-1. Tolchinsky as an inc1ividna.l trading as To1ehinsky s Fur Shop, with his office and principal place of business located at 450 ,Vinchester Street, Providence, Rhode Island.

respondent ad- The agreement provides, among other things, that mits all the jurisdictional facts alleged in the complaint and agrees that the record may be taken as if findings of jurisdictional facts that the had been duly made in aeeordance with such allegations; c1eeision of the Com- record on which the initial decision and the mission shall be based shall consist solely of the complaint and this of the offi- agreement: that the agreement shall not become a part cial record unless and until it become.s a part of the decision of the Commission; that the. compbint may be used in construing the terms , .

Order 54 F.

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 the. respondent that he has violated the law as alleged in the complaint; aJHl that the order set forth in the agreement and hereinafter inc.1uded in this decision shall have the same force and effect as if entered after a full hearing.

Respondent ",waives any fnrt her procedural steps before the IIearing Examiner and the Commission; the making of findings of fact or conclusions of law; and an of the rights he may have to challenge or contest. the validity of the. order to cease and desist entered in accordance with the agreement.

disposes of a1l the issues raised in The order agreed upon fully the complaint, and adequately prohibits the acts and practices char~' ec1 therein us being in viola.tjon of the Federal Trade C01l11l1ission Act, the Fur Products Labehng Act and the Hl1les and Regulations promulgated thereunder. Accordingly, the I-learing Examiner finds this proceeding to be in the public interest and accepts the, agreement containing consent order to cease and desist as part of the record upon ,,'which this decision is based. Therefore I t is oJ'dered That the respondent I-Tarry I-1. Tolchinsk:y, an individual trading as Tolchinsky s Fur Shop, or trading under any other name or names, and responclenfs representatives, agents, and inemployees, directly or through any corporate or other de,'iee, connection with the introduction into eommeree, or the sale, adveror the transportation ortising, or oifering for sale in commerce., distribution in commerce of fur products, or in connection with the offering for sale, sale., advertising, transportation, or distribufjon of fur which of any fur product ,yhieh is made in "hole or in part has been shipped and rec.eivecl in commerce, as "eommeree fur and " fur procluets~' are defined in the Fur Products Labeling Act do forthwith cease and desist from:

1. "Misbranding fur products by:

(n) Setting forth on labels nttache.d thereto fictitious prices or of such fur products, either.rany misrepresentatiOlls as to the value clireetly or by implication;

(b) Falsely or deceptively 1a..beling or othenyise identifying any such pro(luct as to the name of the animal or animals that produced the fnr from ,,-hieh such product was manufactured; (c) Failing to afl1x 1labels to fur products showing: of the animal 01' animals producing the (1) The name or names fur or furs contained in the fur product as set forth in the Fur Rules andPrm1ucts Name Guide and as prescribed under the Hegulations;

TOLCHINSKY' S FUR SHOP 319 317 Order (2) That the fur product contains or IS composed of used fur w hen 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, 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;

( d) Setting forth on labels attached to fur products: (1) Information required under 94(2) of the Fur Products Labeling Act and the Rules and Regulations thereunder in abbreviated form;

(2) Information required under 94(2) of the Fur Products Labeling Act and the Rules and Regulations thereunder which is intermingled with non-required information; (3) Information required under 94(2) of the Fur Products Labeling Act and the Rules and Regulations thereunder ",,-which is in handwriting;

(e) Failing to affix labels to fur products showing item numbers required under Hule 40 of the Rules and Regulations; (f) Failing to use the terms "secondhand" and "used" fur when applicahle as required by R.ules 21 and 23 of the aforesaid Rules and Regulations;

2. I-i falsely or deceptively invoicing fur products by: (a) Failing to show:

(1) The name or names (as set forth in the Fur Procll1cts Name Guide) of the animal or animals that produced the fur an~l such qualifying statements as may be required pursuant to 9 7 (c) of the Fur Products Labeling Act;

(:2) That the fur product contains or is composed of used fur \"hen 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; (:1:) That the fur product is composed in whole or in substantial part. of paws, tflils, bellies, or waste fur, when such is the fact; (5) The name and address of the person issuing such invoice; (G) The name of the country of origin of any imported furs contained in the fur product;

Decision 54 F. T. C.

(b) Setting forth information required under ~ 5 (b) (1) of the Fur Products Labeling Act and the Rules and Regulations 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 indirectly, in the sale or offering for sale of fur products, and which: ( a) Fails to disclose:

( 1) The name or names of the animal or animals which produced the fur or furs contained in the fur products as set forth in the Fur Products Name Guide;

(2) That the fur products contain or are composed of bleached dyed, or otherwise artificially colored fur, when such is the fact; (b) Uses the name or names of an animal or animals other than the name or names specified in the Fur Products Name Guide or prescribed by the Hules and Regulations;

(c) Fails to use the term "secondhand" and "used" fur where applicable, as required by Rules 21 and 23 of the said Rules and Regulations;

(d) Represents directly or by implication: (1) That the regular or usual price of any fur product is any amount which is in excess of the price at which the respondent has usually and customarily sold such product in the recent regular course of his business;

4. ~taking use of comparative prices or percentage savings claims in advertising unless such compared prices or claims are based upon the current market value of the fur product or upon bona fide compared price at a designated time;

5. ~taking price claims or representations of the type referred to in paragraphs 3 (d) (1) and 4 above unless there is maintained by respondent full and adequate records disclosing the facts on which such claims and representations are base.

DECISION OF THE COl\UnSSION AND ORDER '1'0 FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shan, on the 13th day of Septe.mber, 1957 become the decision of the Commission; and accordingly:

It is 07'(leged That respondent I-Iarry 1--1. Tolchinsky, an individual trading as Tolehinsky s Fur Shop, 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 which he has complied with the order to cease and desist. LEAF BRANDS, INC. 321 Complaint