The Denver Dry Goods Co.

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IN THE MATTER OF THE DENVER DRY GOODS CO.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7271. Complaint, Oct. 1.958-Decision, Jan. 7, 1959 Consent order requiring a seller in Denver, Colo., to cease violating the Fur Products Labeling Act by failing to comply with the labeling and invoicing requirements, and by advertising which represented falsely that it was liquidating a half million dollars' worth of fur inventory and that purchasers would " Save onc:'- third and more. Mr. John T. Walke1' for the Commission. DiclceTSon, Mo,.rissey Dwyer of Denver, Colo., for respondent. INITIAL DECISION BY WILLIAM L. PACK, HEARING EXAMINER The complaint in this matter charges the respondent with certain violations of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, and the Federal Trade Commission Act. An agreement has now been entered into by respondent and counsel supporting the complaint which provides among other things, that respondent admits all of the jurisdictional allegations in the complaint; that the record on which tbe initial decision and the deeision of tbe Commission shall be based shall consist solely of the complaint and agreement; that the inclusion of findings of fact and conclusions of 1aw in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that tbe order hereinafter set forth may be entered in disposition of tbe proceeding, such order to have tbe same force and efiect as if entered after a full hearing, respondent specifically waiving any and all rigbts to challenge or contest the validity of such order; that the order may be altered, modified, or set aside in the manner provided for other orders of the Commission; that the complaint may be used in construing the terms of the order; and that the 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. The bearing examiner having considered the agreement and proposed order and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the Order 55 F.

agreement is hereby accepted, the following jurisdictional findings made, and the following order issued: 1. Respondent The Denver Dry Goods Co. is a corporation organized, existing and doing business under the laws of the State of Colorado, with its offce and principal place of business located at Sixteenth and California Streets, Denver, Colo. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered That The Denver Dry Goods Co. a corporation and its offcers, and respondent' s representatives, agents and employees, directly or through any corporate or other devke 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: 1. lVisbranding fur products by:

A. Failing- to affx 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, when such is the fact ;

(5) The name, or other identification, issued and registered by the Commisssiun, 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;

THE DENVER DRY GOODS CO. 1001 999 Ordcr (7) The item numher or mark assigned to a fur product. B. Setting forth on labels affxed to fur products: (1) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations thereunder mingled with nonrequired information;

(2) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting.

2. Falsely or 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 products 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 othcnvise artificially co1orecl fur, when such is the fact; (4) That the fur product is composed in whole or in substantial part of pav,'s, tails, bcJJjes, or \vaste fur, when such is the fact;

(5) The name and address of the person issuing such invoice; (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 advertisen1ent, representation, public announcement , direct1:yor notice which is intended to aiel, promote, or assist or indirectly, in the sale, or offering for sale of fur products and which:

A. Represents, directly or by implication, through percentage savings claims that the regular or usual retail prices charged by respondent for fur products in the recent regular course of business ,were reduced in direct proportion to the amount of savings stated, when contrary to fact.

E. Represents, directly or by implication, that respondent' inventory of fur products advertised and offered for sale is in excess of the actual inventory of fur products advertisecl and offered for sale.

C. Represents, directly oi- by implication, that any such prod- , ,,,henucts are the stock of a business in a state of liquidation contrary:v to fact.

1002 FEDERAL TRADE CO:\!MISSION DECISIONS Decision 55 F.

DECISION OF THE COM MISSION 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 7th day of January 1959 , become the decision of the Commission; and, accordingly:

It is Q?'dered 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.

PRUDENCE LIFE INSURANCE COMPANY 1003 Order