Isidore Fuchs, Inc.

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

Is tire Marrer or ISIDORE FUCHS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 6882. Complaint, Sept. 11, 1957—Decision, May 9, 1958 Consent order requiring a furrier in New York City to cease violating the Fur Products Labeling Act by failing to invoice certain fur products as required.

iin, Morton Nesmith and Mr. John 7, Mathias for the Commission. Afr, [sidore Fuchs, of Brooklyn, N.Y ., for respondents. Inrrzat Decision py J. Earn Cox, Heartwe Examiner The complaint charges respondents with falsely and deceptively invoicing their fur products, in violation of the Federal Trade Commission Act and of the Fur Products Labeling Act and the rules and regulations promulgated thereunder. After the issuance of the complaint, respondents and counsel supporting the complaint entered into an agreement containing consent order to cease and desist, which was approved by the Director and an Assistant Director of the Commission’s Bureau of Litigation, and thereafter transmitted to the hearing examiner for consideration. The agreement identifies respondent Isidore Fuchs, Inc. as a New York corporation, whose address is 214 West 29th Street, New York, N.Y.; and respondent Isidore Fuchs as the principal officer of said corporation, having his address at 3255 Shore Parkway, Brooklyn, N.Y. The agreement states that the individual respondent, Isidore Fuchs, formulates, directs and controls the acts. practices and policies of the said corporate respondent.

The agreement provides, among other things, that respondents admit all the jurisdictional facts alleged in the complaint, and agree that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations: that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement: that the agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission: that the complaint may be used in construing the terms 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 ad- ISIDORE FUCHS. INC., ET AL. 1591 1699 Order mission by the respondents that they have violated the law as alleged in the complaint; and that the order set forth in the agreement and hereinafter included in this decision shall have the same force and effect as if entered after a full hearing. Respondents waive any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conchisions of Jaw, and all of the rights they may have to challenge or contest. the validity of the order to cease and desist. entered in accordance with the agreement.

The order agreed upon fully disposes of all the issues raised in the complaint, and adequately prohibits the acts and practices charged therein as being in violation of the Federal Trade Commission Act and of the Fur “Products La beling Act. and the rules and regulations promulgated thereunder. Accordingly, the hearing 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 wpon which this decision is based. Therefore, Tt is ordered. That the respondents Isidore Fuchs, Inc., a corporation, and its officers, and Isidore Fuchs, individually and as an officer of said corporation, and respondents’ representatives, agents, and employees, directly or through any corporate or other device, 1p connection with the introduction into commerce, or the manufacture for introduction into commerce, or the sale, advertising, offering for sale, transportation: cr distribution of fur products in commerce, or in connection with the manufacture for.sale, 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. Falsely or deceptively invoicing fur products by: (a) Failing to furnish invoices to purchasers of fur products show ing:

(1) The name or names of the animal or animals producing the faa 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; Decision 54 F.T.C.

(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.

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 9th day of May 1958, become the decision of the Commission; and, accordingly : Lt is ordered, That respondents Isidore Fuchs, Inc., a corporation, and Isidore Fuchs, individually and as an officer of said corporation, 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.

KANTROWITZ & NEIDITCH, INC., ETC. 1593 Decision