Whitley Tailleurs, Inc.

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IN THE MATTER OF WHITLEY TAILLEURS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7168. Complaint, May 29, 1958—Decision, Feb. 3, 1959 Consent order requiring a furrier in New York City to cease violating the Fur Products Labeling Act by labeling dyed fur as natural and imported furs as domestic, and by failing to comply with other labeling requirements of the Act.

John T. Walker, Esq. for the Commission. Kaye, Scholer, Fierman, Hays & Handler, of New York, N.Y., for respondents.

INITIAL DECISION BY JAMES A. PURCELL, HEARING EXAMINER The complaint in this proceeding, issued May 29, 1958, charges the respondents 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 last named Act, in connection with the introduction into commerce, manufacturing, sale, offering for sale, transportation or distribution in commerce, of fur and fur products, as the designations “commerce,” “fur” and “fur product” are defined in the Fur Products Labeling Act.

After the issuance of said complaint respondents, on December 3, 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 respondents that they have violated the law as alleged in the complaint. By the terms of said agreement, the respondents admitted all of the jurisdictional allegations of the complaint and agreed that 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 Order 55 FV T.C.

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 respondents may otherwise be entitled under the Federal Trade Commission Act or the Rules of Practice of the Commission. By said agreement, respondents 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, power 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 Whitley Tailleurs, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business. at.500 Seventh Avenue, New York, N.Y. The individual respondent Charles A. Leeds is president of said corporate respondent, and individual respondent Sidney Levy is vice president, secretary and treasurer of said corporate respondent, and their address is the same as that of the corporate respondent.

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 accepted and, without further notice to respondents, is ordered filed upon becoming part of the Commission’s decision in accordance with Sections 3.21, 3.24 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 respondents named herein, and that this proceeding is in the interest of the public, wherefore he issues the following order:

ORDER It is ordered, That respondents, Whitley Tailleurs, Inc., a corporation, and its officers, and Charles A. Leeds and Sidney Levy, WHITLEY TAILLEURS, INC., ET AL. 1099 1097 Order individually and as officers 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 manufacture for introduction into commerce, or the sale, advertising, or offering for sale, transportation or distribution in commerce, of any fur product, or in connection with the manufacture for sale, sale, advertising, offering for sale, transportation or distribution, of any fur product which is made in whole or in part of fur which has been shipped and received in ecommerce, as “commerce,” “fur” and “fur product” are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

1. Misbranding fur products by:

A. Falsely or deceptively labeling or otherwise identifying any such fur product as “natural” furs, when they are, in fact, bleached, dyed or otherwise artificially colored; B. Falsely or deceptively labeling or otherwise identifying any such fur products as to the name of the country of origin of the imported furs contained therein;

C. 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;

(83) 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 registered by the Commission of one or more persons who manufactured such fur products for introduction into commerce, introduced into commerce, and advertised, or offered for sale in commerce; (6) The name of the country of origin of any imported furs used in the fur products; and (7) The item number or mark assigned to a fur product. D. Setting forth on the labels affixed 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.

Decision 55 F.T.C.

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;

(8) 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 invoice; (6) The name of the country of origin of any imported furs used in a fur product;

(7) The item number or mark assigned to a fur product. 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 3d day of February 1959, become the decision of the Commission; and accordingly:

It is ordered, 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 manner and form in which they have complied with the order to cease and desist.

DEIN-BACHER, INC., ET AL. 1101 Decision