Stanley Lieberman

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IN THE MATTER OF STANLEY LIEBERMAN ET AL.

TRADING AS WM. DEVITZ & CO.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7138. Complahlt, May 1958-Decision, Sept. , 1958 Consent order requiring a furrier in New York City to cease violating the Fur Products Labeling Act by failing to comply with the labeling and invoicing requirements.

Mr. John T. Walker supporting the complaint. M?' . CaTl Schne.fle?' of the firm of Schnelle?' Goldstein for respondents, New York, N.

INITIAL DECISION BY JOSEPH CALLAWAY, HEARING EXAMINER The Federal Trade Commission issued its complaint against the above-named respondents on May 7, 1958, charging them with having violated the Fur Products Labeling Act, the rules and regulations issued thereunder, and the Federal Trade Conlmission Act by misbranding and falsely and deceptively invoicing certain of their fur prod nets.

After being served \with the complaint respondents entered into an agreement, dated July 14 , 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 director and the director of the Bureau of Litigation. Said agreement has been submitted to the undersigned heretofore duly designated to act as hearing ~examiner herein for his consideration in accordance with Section 3.25 of the Rules of Practice of the Commission.

Respondents, pursuant to the aforesaid agreement, have admitted all of the jurisdictional allegations of the complaint and agreed that the record 111ay be taken as if findings of jurisdictional facts had been made duly in accordance with such allegations. Said agreement further provides that respondents waive all further procedural steps before the hearing examiner or the Commission, including the making of findings of fact or conclusions of law and the right to challenge 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 WM. DEVITZ & CO. 407 406 Order consist solely of the complaint and said agreelnent, that the agreement shall liot 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 respondents that they have 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 used in construing 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 agreement becoming part of the Commission s decision pursuant to Sections 21 and 3.25 of the Rules of Practice, and the hearing examiner accordingly makes the follo\ving findings, for jurisdictional purposes, and order:

1. Respondents Stanley Lieberman and Willianl Devitz are individuals and copartners, trading as Wm. Devitz & Co., with office and principal place of business located at 512 Seventh A venue, New York, 2. The Federal Trade Commission has jurisdiction of the sub- N.Y. j ect matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents 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 ordered That respondents Stanley Lieberman and William Devitz, individually, and as copartners, trading as Will. Devitz & Co., or under any other name, and respondents' representatives agents and employees, directly or through any corporate or other device, in connection with the 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 sale, advertising, offering 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 Order 55 F.

comlnerce, as "commerce, fur" and "fur product" are defined . in the Fur Products Labeling Act, do forthwith cease and desist from:

A. l\lisbranding 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;

(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 registered by the Commission, of one or more persons who manufactured such fur product for introduction into commerce, introduced it in commerce, advertised, or offered it for sale 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: (a) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations thereunder mingled with nonrequired information.

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 Regulations;

(b) That the fur product contains or is composed of used fur \-\Then 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; in substan- (d) That the fur product is composed, in whole or tial part, of paws, tails, bellies, or .waste fur, when such is the fact;

(e) The nalne and address of the person issuing such invoice; WM. DEVITZ & CO. 409 406 Decision (f) The name of the country of origin of any imported furs used in a fur product;

(g) The item number or mark assigned to 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 23d day of September 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 manner and form in which they have complied with the order to cease and desist.

Decision 55 F.