A. Harris & Co.

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

In the Marrer or A. HARRIS & CO.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 6862. Complaint, Aug. 14, 1957—Decision, Dec. 19, 1957 Consent order requiring a furrier in Dallas, Tex., to cease violating the Fur Products Labeling Act by failing to comply with the labeling and invoicing requirements and by misrepresenting prices in advertising and otherwise failing to observe the advertising requirements. Harry E. Middleton, Jr., Esq., for the Commission. Thomas, Knight, Wright & Simmons, by Sol Goodell, Esq., of Dallas, Tex., for respondent.

InrrraL Decision By Joun B. Poinpexrer, Hearing Examiner The complaint in this proceeding charges that A. Harris & Co., a corporation, hereinafter called respondent, lias violated the provisions of the Federal Trade Commission Act, the Fur Products Lebeling Act of 1951 and the rules and regulations promulgated under the lastnamed act by misbranding and falsely and deceptively invoicing and advertising fur products.

After issuance and service of the complaint, the respondent, its counsel and counsel supporting the complaint entered into an agreement for a consent order. The agreement has been approved by the director and assistant director of the Bureau of Litigation. The order disposes of the matters complained about. 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 unless and until it becomes a part of the decision of the Commission ; 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 Order 54 F.T.C.

for settlement purposes only and does not constitute an 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 will be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order: JURISDICTIONAL FINDINGS 1. Respondent A. Harris & Co. is a corporation existing and doing business under and by virtue of the laws of the State of Texas, with its office and principal place of business located at. 1501 Main Street, Dallas, Tex.

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 It 1s ordered, That respondent A. Harris & Co., a corporation and its officers, representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction into commerce, or the sale, advertising, or offering for sale, in commerce, or the transportation or distribution in commerce, of fur products, 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 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 the fact.

(c) That the fur product contains or is composed of bleached, dyed, or otherwise artificially colored fur, when such is the fact. (d) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact. (e) 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. A. HARRIS & CO. 757 755 Order (f) The name of the country of origin of any imported furs used in the fur product.

2. Setting forth on labels affixed to fur products: (a) Information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations thereunder in abbreviated form. ;

(b) Information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations thereunder mingled with nonrequired information.

3. Failing to show separately on labels affixed to fur products composed of two or more sections containing different animal furs the information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations thereunder with respect to the fur comprising each section.

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 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 the fact.

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

(z) The item number or mark assigned to a fur product. 2. Abbreviating on invoices information required under section 5(b)(1) of the Fur Products Labeling Act and the rules and regulations thereunder.

C. 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, direct] or indirectly in the sale or offering for sale of fur products, and which, 1. Represents directly or by implication: (a) 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 usualiy and customarily sold such products in the recent regular course of its business. 2. Makes use of comparative prices or percentage savings claims unless such compared prices or percentage savings claims are based Decision 54 F.T.C.

upon the current market value of the fur product or unless a bona fide price at a designated time is stated. 3. Makes pricing claims and representations of the types referred to in subparagraphs 1(a) and 2, unless there are maintained by respondent fuil and adequate records disclosing the facts upon which such claims or representations are based as required by rule 44(e) of the rules and regulations.

DECISION OF THI COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCI Pursuant. to section 3.21 of the Commission's rules of practice, the initial decision of the hearing exaininer shall, on the 19th day of December 1957, become the decision of the Commission; and, accordinely:

It ts ordered, That the respondent herein shall within sixty (60) days after service wpon 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. SAMUEL GLASS 759 Decision