Ronay Furs, Inc.

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

IN THE MATTER OF RONA Y FURS, INC., ET AL.

CONSENT ORDER, ETC.. IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7155. ComplCl'int, May 1.958-Decision, Oct. 1958 Consent order requiring a furrier in Dallas, Tex. , to cease violating the labeling, invoicing, and advertising requirements of the Fur Products Labeling Act.

M'/'. Brockman HOTne supporting the complaint. Respondents pro se.

INITIAL DECISION BY JOHN B. POINDEXTER HEARING EXAMINER On May 26, 1958, the Federal Trade Commission issued a complaint charging Ronay Furs, Inc., a corporation, and William Ivr ullen, individually and as an officer of said corporation, hereinafter referred to as respondents with misbranding, falsely and deceptively invoicing and advertising fur products in violation of the Federal Trade Commission Act and the Fur Products Labeling Act.

After issuance and service of the complaint, the respondents and counsel supporting the complaint entered into an agreement for a consent order. The agreement has been approved by the director and acting assistant director of the Bureau of Litigation. The agreement disposes of the matters complained about. The pertinent provisions of said agreement are as follows: Respondents admit all jurisdictional facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the said agreement shall not become a part of the official record of the proceeding unless and until it becomes a part of the decision of the Commission; the record herein shall consist solely of the complaint and the agreement; respondents waive the requirement that the decision must contain a statement of findings of fact and conclusions of law; respondents waive further procedural steps before the hearing examiner and the Commission, and the order may be altered, modified, or set aside in the manner provided by statute for other orders; respondents ,vaive any right to challenge or contest the validity of the order entered in accordance ,with Order 55 F.

the agreement and the signing of 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. The undersigned hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof will be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order:

JURISDICTIONAL FINDINGS 1. Respondent Ronay Furs, Inc., is a corporation existing and doing business under and by virtue of the laws of the State of Texas, with its office and principal place of business located at 112 South Ervay Street, Dallas, Tex.

2. Individual respondent '\Villiam C. Mullen is president of said corporate respondent and controls, directs, and formulates its policies, acts, and practices. His address is the same as that of the corporate respondent.

3. 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 Ronay Furs, Inc.~ a corporation and its officers, and Willian1 C. Mullen, 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 the sale, advertising, or offering for sale, in commerce, or the transpol' tation or distribution in commerce, of fur products, 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.

RONA Y FURS, INC., ET AL. 585 583 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, ,vhen 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 products 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.

2. Setting forth on labels attached to fur products: (a) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations thereunder in handwriting.

(b) 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 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.

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 andindirectly in the sale or offering for sale of fur products, which:

Decision 55 F.

1. Fails to disclose:

(a) The nan1e 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 bleached, dyed, or otherwise artificially colored fur, when such is the fact. 2. Represents, directly or by implication, that the regular or usual price of any fur product is any amount which is in excess of the price at which respondents have usually and customarily sold such products in the recent regular course of their business. D. Makes use of comparative pricing claims or claims that prices are reduced from regular or usual prices unless there are maintained by respondents full and adequate records disclosing the facts upon which suc~ claims and representations are based as required by Rule 44 (e) of the Rules and Regulations. 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 o1'de1'ed 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 rnanner and form in 'which they have complied with the order to cease and desist.

UNITED STATES ASPHALT CORPORATION ET AL. 587 Decision