L. L. Berger, Inc.

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In roe Matrer or L. L. BERGER, INC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCIS LABELING ACTS Docket 6948. Complaint, Nov. 19, 1957—Decision, Mar. 19, 1958 Consent order requiring a furrier in Buffalo, N.Y., to cease violating the Fur Products Labeling Act by falsely labeling certain fur products with names of animals producing the fur contained therein, failing to label other furs, and failing in other respects to comply with the labeling and invoicing requirements of the act; and by failing in advertising in newspapers to disclose the names of animals producing certain furs or the country of origin of imported furs.

Mr. John T. Walker for the Commission.

Jaeckle, Fleischmann, Kelly, Swart &Augspurger, of Buffalo, N.Y., for respondent.

Inirmat Decision sy Frank Hier, Hearinc Examiner Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act, the Federal Trade Commission on November 19, 1957, issued and subsequently served its complaint in this proceeding against respondent L. L. Berger, Inc., a corporation existing and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business located at 514 Main Street, Buffalo, N.Y. On January 27, 1958, there was submitted to the undersigned hearing examiner an agreement between respondent and counsel supporting the complaint providing for the entry of a consent order. By the terms of said agreement, respondent admits all the jurisdictional facts alleged in the complaint and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations. By such agreement, respondent waives any further procedural steps before the hearing examiner and the Commission; waives the making of findings of fact and conclusions of law; and waives all of the rights it may have to challenge or contest the validity of the order to cease and desist entered in accordance with this agreement. Such agreement further provides that it disposes of all of this proceeding as to all parties; that the record on which this initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement; that the latter L. L. BERGER, INC. 1189 1188 Order shall not become a part of the official record unless and until it becomes a part of the decision of the Commission; that the 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; and that the following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondent, and, when so entered, it shall have the same force and effect as if entered after a full hearing, and may be altered, modified, or set aside in the manner provided for other orders; and that the complaint may be used in construing the terms of the order. The hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for settlement and disposition of this proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued.

1. Respondent L.L. Berger, Inc., is a corporation existing and doing business under the laws of the State of New York, with its office and principal place of business located at 514 Main Street, Buffalo, N.Y. 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 is ordered, That L. L. Berger, Inc., a corporation, and its officers, and respondent’s representatives, 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 product” are defined in the Fur Products Labeling Act, do forthwith cease and desist from : 1. Misbranding fur products by :

A. Falsely or deceptively labeling or otherwise identifying any such product as to the name of the animal or animals that produced the fur from which such product was manufactured ; 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 regulations; Order 54 B.T.C.

(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, introduced it into commerce, sold it 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;

(7) All of the information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations promulgated thereunder on one side of such label ; (8) The information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations promulgated thereunder where a fur product is composed of two or more sections containing different animal furs;

(9) The item number or mark assigned to a fur product. 2. Setting forth on labels affixed to fur products information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations promulgated thereunder which is abbreviated, handwritten or mingled with non-required information. 3. 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 contained in the fur products as set forth in the Fur Products Name Guide and as permitted 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 paws, tails, bellies, or waste fur, when such is the fact; (5) The name and address of the person issuing such invoice; (6) The name of the country of origin of any imported furs contained in a 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.

L. L. BERGER, INC. 1191 1188 Decision 4, Falsely or deceptively advertising fur products through the use of any advertisement, 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 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) The name of the country of origin of any imported furs contained in a fur product.

DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to section 8.21 of the Commission’s rules of practice, the initial decision of the hearing examiner shall, on the 19th day of March 1958, become the decision of the Commission; and, accordingly : It ts ordered, 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. Decision 54 FVT.C.