Owens, Inc.

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

IN THE :MATTER OF OWENS, INC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\:Il\IISSION AND THE FUR PRODUCTS LABELING ACTS Docket 6825. Complaint, June 1957-Decision, Nov. , 1957 Consent order requiring a furrier in Rockford, Ill., to cease violating the Fur . Products Labeling Act by failing to label and invoice certain fur products as required; and by advertising in newspnpers which failed to disclose the name of the animal producing certain furs or that the fur in certain prodnets wn s artificially colored or of inferior quality, or named other animals than those producing the fur in certain products. lIlr. S. F. House for the Commission.

Respondent pto se.

INITIAL DECISION BY JOHN B. POIKDEXTER, I-learing EXAMINER The complaint in this proceeding charges that Owens, Inc., a corporation, hereinafter called respondent, has violated the provisions of the Federal Trade Commission Act, the Fur Products Labeling Act, and the Rules and Regulations promulgated thereunder by misbranding and falsely and deceptively invoicing and advertising fur products.

After issuance and service of the complaint, the respondent and counsel supporting the complaint entered into an agreement for a consent order. The order disposes of the matters complained about. The agreement has been approved by the Director of the Bureau of Litigation.

The pertinent provisions of said agreement are as follows: Respondent admits all jurisdictional facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the said agreement shall not become a part of the official record of the proceeding decision of the Commis-unless and until it becomes a part of the sion; respondent waives the requirement that the decision must contain a statement of findings of fact and conclusion of law; respondent waives further procedural steps before the hearing examiner and the Commission, and the order may be altered, modified, or set aside in the manner provided by statute for other orders; respondent waives any right to challenge or contest the validity of the order entered in accordance with the agreement; and the signing of said agreement is for settlement purposes only and does not constitute an 528 FEDERAL TRADE CO1vimission DECISIONS Order 54 F.

admission by respondent that it has violated the law as alleged in the complaint.

The hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof win be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order: JURISDICTION AL FINDINGS 1. The respondent Owens, Inc., is a corporation existing and doing business under and by virtue of the laws of the State of Illinois with its office and principal place of business located at 112 'Vest State Street, Rockford, Illinois.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER I t is ordered That the respondent Owens, Inc., a corporation, and its officers, and respondent's represe.ntatives, agents, and employees directly or through any corporate or other device, in connection with the introduction into commerce or the sale, advertising, offering for sale, transportation or distribution of fur products in commerce or in connection with the sale, 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 "commerce fur" and "fur products" are defined in the Fur Products Labeling Act, do forthwith cease and desist from: 1. :Misbranding 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 product, as set forth in the Fur Products Name Guide and as prescribed under the Rules and Regulations;

(2) That the fur product. contains or lS 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, ad- OWENS , INC. 529 .o~n Order vertised or offered it for sale In commerce, or transported or disiri bu fed it in commerce;

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

(b) Setting forth on labels attached to fur products information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder which is intermingled with non-required information.

( c) Failing to set forth on one side of the labels attached to fur products, all the information required lmder Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder.

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 Name Guide and 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 pa \Vs, tails, bellies, or waste fur, when such is the fact; ( 5) The name and address of the person issuing such invoices; (6) The name of the country of origin of any imported furs contained in the fur product.

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 and as prescribed under the said Rules and Regulations;

(2) That the fur products contain or are composed of bleached dyed, or otherwise artificially colored fur, when such is the fact; (3) That the fur products are composed in whole or substantial part of pa\\" , tails, bellies, or waste fur when such is the fact. (b) Contains the name or names of any animal or animals other than the name or names provided for in Paragraph 3(a) (1) above. 53Q FEDERAL TRADE COM:MISSION DECISIONS D~c~ion 54 F.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shall, on the 5th day of November 1957, become the decision of the Commission; and accordingly:

It is Ordel? That the respondent herein shall within sixty (60) 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. HOME STUDY EDUCATORS 531 Decision