Leon Sevilla

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IN THE MATTER OF LEON SEVILLA TRADING AS WORLD ARTS AUCTION GALLERY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 712.4. Com,plaint, Apr. 1958-Decision, Oct. 1958 Consent order requiring a funier in San Francisco, Calif., to cease violating the labeling, invoicing, and advertising requirements of the Fur Products Labeling Act.

1111'. John J. l'rJ cN o;lly for the Commission. ;"'1'1'. Leona'/'d A. Worthington of San Francisco, Calif. , for respondent.

INITIAL DECISION BY J. EARL Cox, HEARING EXAMINER The complaint charges respondent with misbranding and with falsely and deceptively invoicing and advertising certain of his fur products, in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, and of the Federal Trade Commission Act.

After the issuance of the complaint, respondent, his counsel, and counsel supporting the complaint entered into an agreement containing consent order to cease and desist, which was approved by the director and acting assistant director of the Commission Bureau of Litigation, and thereafter transmitted to the hearing examiner for consideration.

The agreement identifies respondent Leon Sevilla as an individual trading as vVorld Arts Auction Gallery, with his office and principal place of business located at 314 Sutter Street, SanFrancisco,The agreementCalif.provides, among other things, that the respondent admits all the jurisdictional facts alleged in the complaint and agrees 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 CO111mission; that the complaint may be used in construing the terms of the order agreed upon, which Order 55 F.

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 admission by respondent that he has 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.

Respondent \vaives any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of law, and all of the rights he 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 Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, and of the Federal Trade Commission Act. 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 upon which this decision is based. Therefore It is onlered That respondent Leon Sevilla, an individual, doing business as World Arts Auction Gallery, or under any other trade name or names, and respondent' s representatives, agents and , inemployees, directly or through any corporate or other device connection with the introduction into commerce, or the sale, advertisement, offer for sale, transportation or distribution in commerce of any fur product, or in connection with the sale, advertiselnent, offer 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 commerce, as "COmlTIerCe, fur and "fur product" are defined in the Fur Products Labeling Act c1oforth\with cease and desist from:

A. l\lisbranding fur products by:

1. Setting forth on labels attached thereto fictitious prices or any false representation as to the value of such products, either directly or by implication ;

2. Failing to affix labels to fur products sho\ving: (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;

WORLD ARTS AUCTION GALLERY 581 579 Order (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 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 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 designations "used fur" and "second-hand used fur where required by Rules 21 and 23 of the Rules and Regulations; (h) The item number or mark assigned to a fur product; 3. Setting forth on labels affixed to fur products information required under ~4 (2) of the Fur Products Labeling Act, and the Rules and Regulations promulgated thereunder mingled with nonrequired information;

B. Falsely or deceptively invoicing fur products by: 1. Failure to furnish invoices to purchasers of fur products showing:

(a) The name or names of the aniInal 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 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 designations "used fur" and "second-hand used fur where required by Rules 21 and 23 of the Rules and Regulations; C. 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 Decision 55 F.

indirectly, in the sale or offering 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 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 other\Tise artificially colored fur, when such is the fact; (d) The name of the country of origin of any imported furs contained in the fur product;

(e) The designations "used fur" and "secondhand used fur where required by Rules 21 and 23 of the Rules and Regulations; 2. Represents, directly or by implication, that any of said fur products are from sources other than the actual sources of such products.

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 16th day of October 1958, become the decision of the Commission; and, accordingly:

It is ordered That respondent Leon Sevilla, an individual, doing business as World Arts Auction Gallery, shall, within sixty (60) days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with the order to cease and desist.

RONA Y FURS , INC., ET AL. 583 Decision