Frank Gurak

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IN THE MATTER OF FRANK GURAK CO:iSENT ORDER, ETC., IN REGARD TO Tile ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELJ G ACTS Docket 7108. Com1Jlaint, A1J1" 1t58-Decision, Dec. 1.9 , 1.958 Consent order requiring a furrier in Philadelphia, Pa., to cease violating the Fur Products Labeling Act by failing to comply with the labeling and invoicing requiremcnts.

Mr. John T. Walleer supporting the complaint. Respondent Pro se.

INITIAL DECISION BY JOSEPH CALLAWAY, HEARING EXAMINER The Federal Trade Commission issued its complaint against the above-named respondent on April 7, 1958, charging him with having- violated the Fur Products Labeling Act, the rules and regulations issued thereunder, and the Federal Trade Commission Act by misbranding and falsely and deceptively invoicing certain of his fur products.

After being- served with the complaint respondent entered into an agreement, dated September 27 , 1958 , containing a consent order to cease and desist, disposing of all the issues in this proceeding without hearing, whjch agreement has been duly approved by the assistant director and the director of the Bureau of Litigation . Said agreement has been submitted to the undersig-ned heretofore duly designated to act as hearing examiner herein, for his consideration in accordance with Section 3.25 of the Rules of Practice of the Commission.

Respondent, pursuant to the aforesaid agreement, has admitted all of the jurisdictional allegations of the complaint and ag-reed that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such alleg-ations. Said agreement further provides that respondent waives all further procedural steps before the hearing examiner or the Commission, including the making of findings of fact or conclusions of law and the right to challenge or contest the validity of the order to cease and desist entered in accordance with such agreement. It has also been agreed that the record herein shall consist solely of the complaint and sajd agreement; that the agreement shall not become a part of the offcial record unless and until it FRANK GURAK 899 SQR Order becomes a part of the decision of the Commission, that said agreement is for settlement purposes only and does not constitute an admission by respondent that he has violated the law as a1Jeged in the complaint, that said order to cease and desist sha1J fu1Jhave the same force and effect as if entered after a hearing and may be altered, modified, or set aside in the manner provided for other orders, and that the complaint may be used in construing the terms of the order.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing the consent order, and it appearing that the order and agreement cover a1J of the allegations of the complaint and provide for appropriate disposition of this proceeding, the agreement is hereby accepted and ordered filed upon this decision and said agreement becoming part of the Commission s decision pursuant to Sections 21 and 3.25 of the Rules of Practice, and the hearing examiner accordingly makes the follmving findings, for jurisdictional purposes, and order:

1. Respondent Frank Gurak is an individual trading as Frank Gurak with offee and principal place of business located at Fifth and Lombard Streets, Philadelphia, Pa.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent hereinabove named. The complaint states a cause of action against saiel respondent under the Fur Products Labeling Aet and the Fee)eral Trade Commission Act, and this proceeding is in the interest of the public.

ORDER It is onlen;d That respondent Frank Gurak, an individual trading as Frank Gurak, or under any other name, 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 defmed in the Fur Products Labeling Act, do forthwith cease and desist from:

Order 55 F.

A. Misbranding fur products by' 1. Failing to affx labels to fur products showing, (a) Thc 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 artifieial1y 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 sllch 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 item number or mark assigned to a 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 promulgated thereunder in abbreviated form;

(b) The term "blended" as part of the inlormation required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder to describe the pointing, bleaching, dyeing or tip-dyeing of furs; (c) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder mingled \with nonrequired information; (d) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated t.hereunder in hand\writing.

B. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices to purchasers of 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 prescdbed under the Rules and Regulations;

FRANK GURAK 901 898 Dccision (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 el1ies or waste fur, when such is the fact;

(e) The name and address of the person issuing such invoice; (f) The name of the counlry of origin of any imported fur contained in a fur product;

(g) The item number or mark assigned to a fur product, 2. Setting forth on invoices the name or names of any animal or animals other than the name or names provided for in paragraph 5 (b) (1) of the Fur Products Labeling Act, C. Failing to set forth on invoices the information required under Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder concerning the new fur or used fur added to restyled, remodeJed or repaired fur products, DECISION OF Tile COMMISSIO:\ 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 19th day of December 1958, become the decision of the Commission; and, accordingly:

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

Decision 55 F.