Meyer'S Furriers, Inc.

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

IN THE MATTER OF MEYER' S FURRJEHS, INC., ET AL, CONSENT ORDER, F:TC.. IN RF.GARD TO 'fire ALLEGED VIOLATION OF Tim FEDERAL TRADE COI\.iission AND TJ-E FUR PROnlJCT -, LABELING ACTS Dockd 713.'. Comploin/ , Ap1' , 1958- cision 'lug. j.9SR C(Jn cnt o:rdfl" rrc)uiJ'ing a furrier in Binghamton, N. , to cease violating the Fur Prorh C'ts Labeling- Act by naming on invoic05 DB animal other than that which produc('d a Farticulal' fur, and by failing in other respects to ('umply with the Jabl:ling and invoicing reCJuil'em( nts of the Ad. )117' . AlDin D. Ede!soTI- for the Commission. No appearance for the respondents.

INITIAL DECISJO:- BY WILLIAM L. PACK HEARING EXAMINER The complaint in this matter charges the respondents \with certain violations of the Fur Products Labeling- Act and the Rules and Regulations promuJP'Ried thereunder, and the Federal Trade Commission '\Ct. An agr\!enwnt has nOlv been entered into by respondents 8.11c1 cOllnscl supporting- the complaint which provides among other ihin l's, that respondents admit all of the jurisdictional allegations in the complaint; that the record on \which the initial decision and the decision of the Commission shall be i):sed shall coi1sist solely of the complaint and agreement; that the inclusion of findings of f2.ct and conclusions of law in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in the disposition of the proceeding, such order to have the same force and effect as if entered after a full hearing, respondents specifically waiving any and all rights to challenge or contest the validity of "Llch order; thalthe ordcr may he altered, modified, (;1' set aside in the manner provided for other orders of the Commission; that the complaint may be used in construing- the terms of the order; and that the agreement is for settemenl purposes only nd dm:s not constitute an admission by respondents that they have violated the law as alleged in the complaint. The heru'ing expminer having considered the agreement and proposed order and being of the opinion that they provide an adequate ba:ois for 8.appropriate disposition of the proceeding, MEYER' S FURRIERS, INC., ET AL. 167 166 Order the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued: 1. Respondent Meyer s Furriers, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its offce and principal place of business at 16 Court Street, Binghamton Y. The individual respondent Meyer Epstein is president of the corporate respondent and maintains his business address at the same address as the corporate respondent.

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 It is ordered That respondents, Meyer s Furriers, Inc. , a corporation, and its offcers, and Meyer Epstein, individually and as an officer of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection \\with the introduction into commerce, or manufacture for 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 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:

A. Misbranding fur products by:

1. Failing to affxlabcJs 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 Hules and Regulations;

(h) 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 hleachcd 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, belles, or "waste fur, when such is the fact;

(e) The name or other identification issued and registered by 168 FEDERAL TRADE CO'VI'IISSION DECISIONS Ordcr 55 F.

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; (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. Selling forth on labels allaehed to fur pruducts: (a) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations thereunder in abhreviated form.

(h) 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.

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 Hcg-ulations;

(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 hleached dyed, or otherwise artificially colOJ'ed fur, when such is the fact; (d) That the fur product is composed in whole at in substantial part of pavvs, tails, bellies, or waste fur, "vhen 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;

(g) The item number or mark assigned to a fur product. 2. Setting forth on invoices the name or names of any animal provided for in para-or animals other than the name or names graph 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.

MEYER'S FURRIERS, INC. , ET AL. 169 16G Decision DECISION OF THE COMMISSION AND ORDER 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 5th day of August 1958, become the decision of the Commission; and accordingly:

It is 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 n1anner and form in which they have complied with the order to cease and desist.

Decision 55 F.