The John Bressmer Company

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IN THE MATTER OF THE JOHN BRESSMER COMPANY CONSENT ORDER, ETC.. IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7186. Complaint, July 1958-Decis-ion, Nov. 1958 Consent order requiring a furrier in Springfield, Il1., to cease violating the Fur Products Labeling Act by failing to comply with the labeling and invoicing requirements and by advertising in newspapers and otherwise which failed to disclose the names of animals producing certain furs, the country or origin of imported furs, or that some furs were artificially colored; failed to set forth the term "Persian Lamb Dyed Moutonprocessed Lamb," and "Dyed Broadtail-processed Lamb" as required; and contained the names of other animals than those producing certain furs. John T. Walker Esq., for the Commission. Ensel., ilia-din, Jones Blancha1' of Springfield, Ill. , for respondent.

INITIAL DECISION BY JAMES A. PURCELL, HEARING EXAMINER The complaint in this proceeding, issued July 11 , 1958, charges the respondent above named with violation of the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act and the Rules and Regulations promulgated under the lastnamed Act, in connection with the introduction, or the sale, advertising, or offering for sale in commerce, or the transportation or distribution in commerce, of fur and fur products, as the designations "commel ce, fur" and "fur product" are defined in the Fur Products Labeling Act.

After the issuance of said complaint respondent, on September 16, 1958, entered into an agreement for a consent order with counsel in support of the complaint, disposing of all of the issues in this proceeding, which agreement was duly approved by the director and assistant director of the Bureau of Litigation of the Federal Trade Commission. It was expressly provided in said agreement that the signing thereof is for settlement purposes only and does not constitute an admission by respondent that has violated the law as alleged in the complaint. By the terms of said agreement, the respondent admitted all of the jurisdictional allegations of the complaint and agreed that THE JOHN BRESSMER COMPANY 745 744 Decision the record herein may be taken as though the Commission had made findings of jurisdictional facts in accordance with such allegations. By said agreement the parties expressly "waived a hearing before the hearing examiner or the Commission, the making of findings of fact or conclusions of law by the hearing examiner" or the Commission, the filing of exceptions and oral argument before the Commission, and all further and other procedure before the hearing examiner and the Commission to which the respondent may otherwise be entitled under the Federal Trade Commission Act or the Rules of Practice of the Commission. By said agreement, respondent further agreed that the order to cease and desist issued in accordance with said agreement shall have the same force and effect as though made after a full hearing, presentation of evidence and findings and conclusions thereon and specifically ,waived any and all right, peeler or privilege to challenge or contest the validity of such order. 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 the said order may be altered, modified or set aside in the manner provided for other orders of the Commission.

Said agreement recites that respondent The John Bressmer Company is a corporation organized, existing and doing business under and by virtue of the laws of the State of Illinois with its office and principal place of business located at 616 East Adams Street, Springfield, Ill.

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 a/:cepted and, ,vithout further notice to respondent, 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 Commission has jurisdiction of the subject matter of this proceeding and of the respondent named herein, and that this proceeding is in the interest of the public, wherefore he issues the following order:

Order 55 F.

ORDER It is 01'(leged That The John Brcssmer Company, 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 any fur prcctuct, or in connection with the sale, advertising, offering for sale, transportation, or distribution of any fur product 'which is made in vlhole 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: 1. l\lisbranding fur products by:

A. Failing to affix labels to fur products showing: (1) 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;

(2) That the fur product contains or is composed of used fur when such is the fact;

(3) That the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur, when such is the fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, ,vhen such is the fact;

(5) 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; (6) The name of the country of origin of any imported furs contained in a fur product.

2. Falsely and deceptively invoicing fur products by: A. Failing to furnish invoices to purchasers of fur products showing:

(1) 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;

THE JOHN BRESSMER COMPANY 747 744 Decision (2) That the fur product contains or is composed of used fur when such is the fact;

(3) That the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur, when such is the fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact;

(5) The name and address of the person issuing such invoices; (6) The name of the country of origin of any imported furs contained in a fur product.

3. 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 (1) 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;

(2) That the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur, when such is the fact; (3) The name of the country of origin of any imported furs contained in a fur product.

B. Sets forth the name or names of any animal or animals other than the name or names specified in Section 5 (a) (1) of the Fur Products Labeling Act.

C. Fails to set forth the term "Persian Lamb" in the manner required by law.

D. Fails to set forth the term "Dyed Mouton-processed Lamb" in the manner required by law.

E. Fails to set forth the term "Dyed Broadtail-processed Lamb" in the manner required by law.

4. Making pricing claims or representations in advertisements respecting comparative prices or reduced prices unless there is maintained by respondent adequate records disclosing the facts upon which such claims or representations 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 18th Decision 55 F.

day of November 1958, become the decision of the Commission; and, accordingly:

It is oTdwred 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. BUSCH & SONS JEWELERS, INC., ET AL. 749 Decision