S. Mann Furs, Inc.

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In tue Marrer or S. MANN FURS, INC., ET AL.

TONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 6888. Complaint, Sept. 11, 1957—~Decision, Jan. 28, 1958 ‘Consent order requiring a furrier in New York City to cease violating the Fur Products Labeling Act by labeling and invoicing fur products with the name of an animal other than that which produced the fur; by failing to comply with other invoicing and labeling requirements of the act; and by affixing labels containing purported regular prices and suggested selling prices and furnishing invoices showing two columns of figures, one designated as “was’’ prices and the other designated as ‘‘now” prices, without keeping the required records to substantiate such pricing claims, which were later used by the customer as the basis for comparative pricing claims in newspaper advertising.

Mr. Michael J. Vitale and Mr. Thomas A. Ziebarth for the Commission.

Kanton, Fixel and Rose, of New York, N.Y., for respondents. Inittat Decision py Joun B. Pornpexter, Hearinc EXAMINER The complaint in this proceeding charges that S. Mann Furs, Inc., @ corporation, Sam Mann and Lila Mitchell, individuals, hereinafter called respondents, have violated the provisions of the Federal Trade Commission Act, the Fur Products Labeling Act, and the rules and regulations promulgated under the last-named act by misbranding and falsely and deceptively invoicing and advertising fur products. After issuance and service of the complaint, the respondents, their counsel 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 and assistant director of the Bureau of Litigation. The pertinent provisions of said agreement are as follows: Respondents admit 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; the record herein shall consist solely of the complaint and the agreement; respondents waive the requirement that the decision must contain a statement of findings of fact and conclusion of law; respondents waive further procedural steps before the hearing examiner and the Commission, and the order may be altered, modified, or set aside in ~ S. MANN FURS, INC, ET AL. 995 994 Order the manner provided by statute for other orders; respondents waive 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 admission by respondents that they have violated the law as alleged in the complaint.

The undersigned 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. The respondent S. Mann Furs, Inc. is a corporation organized and doing business under the laws of the State of New York, with its office and principal place of business located at 363 Seventh Avenue, New York, N.Y. The individual respondents Sam Mann and Lila Mitchell are president and secretary-treasurer, respectively, of the corporate respondent and their business address is the same as that of the corporation.

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

ORDER Its ordered, That S. Mann Furs, Inc., a corporation, and its officers and Sam Mann and Lila Mitchell, individually and as officers of said corporation, and their representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction into commerce, manufacturing for introduction into commerce, or the sale, advertising, or offering for sale in commerce, or the transportation or distribution in commerce of any fur product, or in connection with the manufacture for sale, sale, advertising, offermg for sale, transportation or distribution of any fur product which is 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, Order 54 FLTC.

(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, advertised or offered it for sale in commerce, or transported or distributed it in commerce;

(f) The name of the country of origin of any imported furs used in the fur product;

(g) The item number or mark assigned to a fur product. 2. Setting forth, on labels affixed to fur products the name or names of any animal or animals other than the name or names provided for in paragraph A(1)(a) above.

3. 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;

(c) Information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations thereunder in handwriting; 4. Failing to show on labels affixed to fur products all the information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations thereunder on one side of such labels; 5. Failing to use labels that have a minimum dimension of one and three fourths inches by two and three fourths inches; 6. Failing to show separately on labels affixed to fur products composed of tivo or more sections containing different animal furs the information required under section 4(2) of tue Fur Products Labeling Act and the rules and regulations thereunder with respect to the fur comprising each section.

B. Falselv 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 by the rules and regulations; S. MANN FURS, INC., ET AL. 997 994 Decision (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 furs used in a fur product;

2. Setting forth on invoices the name or names of any animal or animals other than the name or names provided for paragraph B(1)(a) above;

3. Abbreviating on invoices information required under section 5(b)(1) of the Fur Products Labeling Act and the rules and regulations thereunder;

4. Using the term ‘‘blended” to describe the pointing, bleaching, dyeing or tip-dyeing of furs.

C. Making price claims or representations in advertisements respecting reduced prices, comparative prices, value or quality of furs or fur products unless there are maintained by respondents adequate records disclosing the facts upon which such claims or representations are based.

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 28th day of January 1958, become the decision of the Commission; and, accordingly: ft +s ordered, That the respondents herein 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. Decision