Felix Presburger

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IN THE ~IATTER OF FELIX PRESBURGER TRADING AS FELIX PHESBURGER CONSENT OIWER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL 'l1~ADE Could\IISSION AND THE FUR l~RODUCTS LABELING ACTS Docket 6974. Comploint, Dec. 1957-Decision, May 22, 1958 Consent order requiring a furrier in Los Angeles, Calif., to cease violating the Fur Products Labeling Act by mutilating labels attached to fur products prior to sale to the ultimate consumer; by falsely naming the animals producing the fur, on labels and invoices; by falsely naming the country of origin on invoices; and by failing in other respects to comply with the invoicing and labeling requirements; by advertising in newspapers which failed to disclose the names of animals producing furs that certain products contained nrtificially colored or cheap or waste fur etc., which falsely represented furs as "Direct from factory to you" and Jllisrepre~ented prices; and by failing to keep adequate records as the basis for pricing claims, JIT. lohn l. ill cll ally supporting the complaint. All'. lVo'l'man S. Berliner of Los Angeles, Calif. , for respondent. INITIAL DECISION BY .J OSEPH CALLA WA Y lIEAHING EXAl\IINER The Federa.l Trade Commission issued its c.complaint against the above-na-mecl respondent on December IJ , 1957, charging him with having violnt. d the Fur Products Labeling Act, the rllles and regulations issued thereunder, and the Federal Tirade Commission .Act by misbranding, falsely invoicing and frdsely flchertising c.certain fur products. A.after being served with the complaint respondent entered into an agreement., dated Febnw.ry Ii) 1958, containing a- consent order to cease and desist., disposing of all the issues in this proceeding without hearing, '\"which agreement has been duly approved by the Assistant Diredor and the Director of the Bnre:m of Litigation. Said ag,reement has been sllbmittec1 to the undersigned, heretofore duly designated to ad as IH: arjng examiner herein, :for his eonsjderation in ac.eorclanee with section 3.25 of the rules of practice of the Commission.

Respondent, pursuant to the aforesaid agreement, has admitted of the jurisdic.tional allegations of the, complaint and agreed that the record may be taken as if findings of jurisdictional fads had been lila-de duly in accordance with such a-1Jegations. Said agreement, further provides that respondent "'Hives a11 further proeec1ural steps before the hearing examiner or the Commission, including the making of findings of fact or conclusions of law and the right to challenge FELIX PRESBURGER 1661 1660 Order or contest the validity of the order to cease and desist entered in accordance with such agreement. It has also been agreed that the record herein shall consist solely of the complaint and said 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 said agreement is for settlement purposes only and does not constitute an admission by ,respondent that he has violated the law as alleged in the complaint; that said order to cease and desist 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 eonstruing the terms of the order.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing the consent order and it appearing that the order and agreement cover all of the allegations of the complaint and provide for appropriate disposition of this proceeding, the agreement is hereby accepted and ordered filed upon this decision and said ag,reement becoming part of the Commission s decision pursuant to sections 3.21 and 3.25 of the rules of practice, and the hearing examiner accordingly makes the following findings, for jurisdictional purposes, and order: L Respondent Felix Presburger is an individual trading as Felix Presburger with his office and principal place of business at 63,) South Hill Street, Los Angeles, Calif.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent hereinabove named. The complaint states a cause of action against said respondent under the Fur Products Labeling Act and the Federal Trade Commission Act, and this proceeding is in the interest of the public. ORDER It is orde?'ed Tlmt respondent Felix Presburger, an individual trading as Felix Presburger, or under any other trade name or di- names, and respondent~s representatives, agents, and employees, . rectly or through any corporate or other device, in connection with the introduction into eommeree, or the sale, advertising, or oiIering i~1 eOlTl- for sale, in commerce, or the transportation or distribution meree, of fur procluets or in connection with the sale, advertising, offering for sale, transportation or distribution of fur products ,yhieh have been made in whole or in part of fur which has been shipped " find "fur product" and reeeivecl in commerce, as "commerce fur are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

,y, , Order 54 F.

A. Removing, or pmi.icipating in the removal of labels required by the Fur Products Labeling Act to be affixed to fur prodllcts . prior to the time any fur proclllct is sold and delivered to the ultimate conSllmer.

B. l\lisbranding fur products by:

1. Setting forth, on labels attached to fur prod uets, the name of any animal other than the name 01' names provided for in paragraph 13.2. (a) below.

2. Failing to atJix labels to fur products showing: (rl, ) The name or names of the ani mal or animals producing the fur or furs contained in the fur product as set forth in the Fur Products ~ ame Guide and as prescribed under the rules and regal a tions ;

(h) That the fur product contains 01' 1S composed of used fur hen such is the fact;

(c) That the fur product c.contains or is composed of bleached dyed 01' othenyise artificially colored fur when such is the fact.: (c1) That the fur product is composed in whole or in substantial part of pa",ys, tails, bellies, or waste fur when sllch is the fact; (e) The name, or other iclentihcation issued and registered by the Commission, of one 01' more persons ",y1l0 manufactured such fur product for introduction into eornmerce, introcluctecl it into eon1merce, sol(1 it in commerce, advertised 01' ofler('c1 it for sale, or t.transported 01' distributed it in eommerc.e. country of origin of any imported furs (f) The name of the used in the :fur product;

;3. Setting forth the term " blendecF on labels afiix('cl to fur prodllcts to refer to 01' describe fur procluets which conta.in or are composed of 111eac11('(I , dyed, or othenyjse arti fie-ially e-colored fur. -1. Setting Jorth on labels attached to fur proc1uct~; information required under section 4 (2) of the Fur Products Labeling Act and the rules and reg-Illations thereunder mi11g1ecl ' ith nom' pquirpclinfonnn- Lion or in hanclwrit.inl!':

C. l, falsely or cleeeptiye ly inh)ieing fill' products by 1. Failing to furnish invoices to purchasers of fur products s!lmYlng:

(a) The, n:nne or names of the animal or anirnals producing the fur or furs contained in the fur product as set forth in the Fur Prodnets :KaIne G1I1cle and Wi presC'l'i bed under the rules and regulations; (b) That the fur product (,Ol1ta ins 01' is composed of used fur, when such is the j~ac.t;

FELIX PRESBURGER 1663 1660 Order (c) That the fur product contains or is composed of bleached dyed, or othenyise 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 contained in a fur product.

2. Furnishing invoices to purchasers of fur products showing: (a) The name of a country other than the country of origin of the animal that produced the fur contained in such fur product; (b) The name of an animal other than the name or names provided for in paragraph C.l. (a) above;

3. Failing to furnish invoices to purchasers of fur products containing an item number or mark ::\ssigned to such products; D. 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 ofiering for sale of fur products, and which: 1. Fails to disclose:

(a) The name or names of the animal or animals producing the fur or furs contained in the 1'ur product. , as set forth in the 1" ur Products N nine Gllide and as prescri bed under the rules and regulations; (b) That the fur product contains or is composed of bleached dyed, or otherwise artificially colored fur, when such is the fact; (c) That the fur product contains or is composed, in whole or in substantial part, of pa"\vs, tails, bellies, or "\vaste fur, when such is the fact;

2. Sets forth information required under~' section 5 (a) of the Fur Products Labeling Act and the rules and regulations thereunder in abbreviated form;

3. Sets forth the term "blended" to refer to or describe fur products which contain or are composed of bleached, dyed, or otherwise artificially colored fur;

4. Represents that respondent is the manufacturer of fur products being ofrered for sale unless such is the fact; 5. R.represents that savings are to be efrectuated by purchasers of fur products through the use by respondent of comparative prices percentage savings claims, or reductions from regular or usual prices llnless there are maintained by respondent full and adeqllate records disclosing the 1'acts upon which such claims or representations are based, as required by rule 44 (e) of the rules and regulations, Decision 54 F.

DECISION OF THE COMMISSION .AND ORDER TO FILE REPORT OF COMPLIANCE of practice, the Pursuant to section 3. 21 of the Commission s rules , on the 22d day of J\layinitial decision of the hearing examiner shall 1958 , become the decision of the Commission; and, accordingly: It is ordered That the respondent herein shall within sixty (60) of this order, file with the Commissiondays after service upon him a report in writing setting forth in detail the manner and form in which he has complied \with the order to cease and desist. SANTA ANA FUR CO. ET AL. 1665 Decision