Thomas & Noa Furs, Ing.

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IN THE MATTER OF THOMAS & NOA FURS, ING., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE . FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7153. Complai;"1t, May 1958-Decision, Oct. , 1958 Consent order requiring a furrier in Lowell, Mass., to cease violating- the Fur Products Labeling- Act by tagging fur products with names of animals other than those producing the fur, and by failing to comply in other' respects with labeling and invoicing requirements. Mr. S. F. House for the Commission. No appearance for respondents.

INITIAL DECISION BY EARL J. ROLB, HEARING EXAMINER The complaint in this proceeding issued May 21, 1958, charges the respondents Thomas & N oa Furs, Inc. , a corporation, and Charles Thomas, individually and as an officer of said corporation, located at 25-33 Prescott Street, Lowell, Mass., with violation of the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act in the sale and distribution of fur products.

After the issuance of the complaint, respondents entered into an agreement containing consent order to cease and desist with counsel in support of the complaint, disposing of all the issues in this proceeding, which agreement was duly approved by the director and assistant director of the Bureau of Litigation. I t was expressly provided in said agreement that the signing thereof is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.

By the terms of said agreement, the respondents admitted all the jurisdictional facts alleged in the complaint and agreed that the record herein may be taken as if the Comlnission had made findings of jurisdictional facts in accordance with the allegations. By said agreement, the parties expressly waived any further procedural steps before the hearing examiner and the Commission; the making of findings of fact or conclusions of law; and all the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement.

55 F. Order Respondents further agreed that the order to cease and desist issued in accordance with said agreement, shall have the same force and effect as if made after a full hearing. It was further provided that said agreement, together with the complaint, shall constitute the entire record herein; that the complaint herein may be used in construing the terms of the order issued pursuant to said agreement; and that said order may be altered, modified or set aside in the manner prescribed by the statute for orders of the Commission.

The hearing examiner has considered such agreement and the order therein contained, and, it appearing that said agreement and order provides for an appropriate disposition of this proceeding, the same is hereby accepted and is ordered filed upon becoming part of the Commission s decision in accordance with Sections 3.21 and 3.25 of the Rules of Practice, and, in consonance with the terms of said agreement, the hearing examiner finds that the Federal Trade Comlnission has jurisdiction of the subject Blatter of this proceeding and of the respondents named herein that this proceeding is in the interest of the public, and issues the following order:

ORDER It is ordered That Thomas & N oa Furs, Inc. , a corporation and its officers, and Charles Thomas, individually and as an officer of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device in connection vvith 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: A. Misbranding 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 THOMAS & NOA FURS, INC., ET AL. 513 511 Order 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, vlhen such is the fact;

(e) 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, 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;

2. Failing to show on labels attached to fur products the item numbers or marks assigned to fur products as required by Rule 40 (a) of the Rules and Regulations.

3. 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 which is intermingled with nonrequired information; (b) The name or names of any animal or animals other than the name or names specified in Section 4 (2) (A) of the Fur Products Labeling Act.

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 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 vv aste 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 furs contained in a fur product.

2. Setting forth in invoices, information required under Section 5 (b) (1) of the Fur Products Labeling Act and the Rules and Regulations thereunder, in abbreviated form. Decision 55 F.

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 3d day of October 1958 become the decision of the Commission; and accordingly:

It is ordered That respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commissioner a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist.

KRUMHOLZ FIBRE CO. INC., ET AL. 515 Decision