Miller Bros. Co., Inc.

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IN THE MATTER OF MILLER BROS. CO., INC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7221. Complaint, Aug. 1958-Decision, Nov. 5, 1958 Consent order requiring a furrier in Baltimore, Md., to cease violating the Fur Products Labeling Act by advertising which failed to disclose the names of animals producing certain furs and which made deceptive pricing and savings claims, and by failing in other respects to comply with the labeling, invoicing, and advertising requirements of the Act. !llt. Alvin D. Edelson supporting the complaint. Respondent 1)1'0 se.

INITIAL DECISION BY JOHN LEWIS, HEARING EXAMINER The Federal Trade Commission issued its complaint against the above-named respondent on August 5, 1958, charging it vvith having violated the Fur Products Labeling Act and the Rules and Regulations issued thereunder, and the Federal Trade Commission Act, through the misbranding of certain fur products and the false and deceptive invoicing and advertising thereof. After being served with said complaint, respondent appeared and entered into an agreement, dated September 5, 1958, containing a consent order to cease and desist purporting to dispose of all of this proceeding as to all parties. Said agreement, which has been signed by respondent and by counsel supporting the complaint and approved by the director and assistant director of the Commission s Bureau of Litigation, has been submitted to the abovenamed hearing examiner for his consideration, in accordance with Section 3.25 of the Commission s Rules of Practice for Adjudicative Proceedings.

Respondent, pursuant to the aforesaid agreement, has admitted all the jurisdictional allegations of the complaint and agreed that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations. Said agreement further provides that respondent waives 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 it may have to challenge or contest the validity of the order to cease and desist entered in accordance with such MILLER BROS. CO., INC. 697 696 Order agreement. It has been agreed that the order to cease and desist issued in accordance with said agreement shall have the same force and effect as if entered after a full hearing and that the complaint may be used in construing the terms of said order. It has also been agreed that the record herein shall consist solely of the complaint and said agreement, and that said agreement is for settlement purposes only and does not constitute an admission by respondent that it has violated the law as alleged in the complaint.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing consent order, and it appearing that the order provided for in said agreement covers all the allegations of the complaint and provides for an appropriate disposition of this proceeding as to all parties said agreement is hereby accepted and is ordered filed upon this decision s becoming the decision of the Commission pursuant to Sections 3.21 and 3.25 of the Commission s Rules of Practice for Adjudicative Proceedings, and the hearing examiner, accordingly, n1akes the following jurisdictional findings and order: 1. Respondent Miller Bros. Co. Inc. , is a corporation duly organized and doing business under and by virtue of the laws of the State of Maryland, ,with its place of business located at 1110 North Charles Street, Baltimore, Md.

2. The Federal Trade Comnlission has jurisdiction of the subject matter of this proceeding and of the respondent hereinabove named. The complaint states a cause of action against said respondent 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 respondent Miller Bros. Co., Inc., a corporation, and its officers, and respondent's 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 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: Order 55 F.

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 products contain or are 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 comnlerce, advertised or offered it for sale in commerce, or transported or distributed it in comnlerce; (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 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 con1posed 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 nan1e and address of the person issuing such invoice; (f) The name of the country of origin of any imported fur contained in the fur product.

2. Setting forth on invoices information required under Sec- , MILLER BROS. CO., INC. 699 696 Order tion 5 (b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form. 3. Failing to set forth on invoices the terms "Persian Lamb Broadtail Lamb, Persian-Broadtail Lamb " when required, in the manner required under the aforesaid Rules and Regulations. 4. Failing to set forth on invoices when required, the term Broadtail-Processed Lamb" in the manner required under the aforesaid Rules and Regulations.

5. Failing to set forth on invoices the item number or mark assigned to fur products as required under the aforesaid Rules and Regulations.

6. Failing to set forth on invoices the disclosure "Secondhand " when required, in the manner required under the aforesaid 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 indirectly, in the sale or offering for sale of fur products, and which:

(a) Fails to disclose 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) 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 respondent has usually and customarily sold such products in the recent regular course of business. (c) Represents through the use of percentage savings claims that the regular or usual retail prices charged by the respondent in the recent regular course of its business were reduced in direct proportion to the percentage of savings stated when such is not the fact.

D. Setting forth pricing claims and representations in advertising without maintaining full and adequate records which disclose the facts upon which such pricing claims are based. 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 5th day of November 1958, become the decision of the Commission; and, accordingly:

Decision 55 F.

It is ordwred That the respondent herein shall within sixty (60) days after service upon it of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which it has complied with the order to cease and desist.

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ACCURATE QUILTING COMPANY, INC., ET AL. 701 Decision