Dein-Bacher, Inc.

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IN THE MATTER OF DEIN-BACHER, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7241. Complaint, Aug. 28, 1958—Decision, Feb. 8, 1959 Consent order requiring a furrier in New York City to cease violating the Fur Products Labeling Act by failing to label certain fur products as required; by improper use of the term “blended” in labeling and advertising; and by advertising in newspapers which failed to disclose the names of animals producing certain furs, the country of origin of imported furs, or the fact that some products contained artificially colored fur, and represented sale prices as reduced from purported regular prices which were in fact fictitious.

Mr. John J. Mathias supporting the complaint. Respondents, Pro Se.

INITIAL DECISION BY JOHN B. POINDEXTER, HEARING EXAMINER The complaint in this proceeding charges Dein-Bacher, Inc., a corporation, and Louis J. Bacher, individually and as an officer of said corporation, hereinafter called respondents, with misbranding and false advertising of fur products in violation of the Federal Trade Commission Act and the Fur Products Labeling Act. After issuance. and service of the complaint, the respondents and counsel supporting the complaint entered into an agreement for a consent order. The order disposes of the matters complained about. The agreement has been approved by the director and assistant director of the Bureau of Litigation. The pertinent provisions of said agreement are as follows: Respondents admit all jurisdictional facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the said agreement shall not become a part of the official record of the proceeding unless and until it becomes a part of the decision of the Commission; the record herein shall consist solely of the complaint and the agreement; respondents waive the requirement that the decision must contain a statement of findings of fact and conclusions of law; respondents waive further procedural steps before the hearing examiner and the Commission, and the order may be altered, modified, or set aside in the manner Order 55 F.T.C.

provided by statute for other orders; respondents waive any right to challenge or contest the validity of the order entered in accordance with the agreement and the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.

The undersigned hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof will be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order:

JURISDICTIONAL FINDINGS 1. Respondent, Dein-Bacher, Inc., is a corporation organized and existing under and by virtue of the laws of the State of New Jersey with its office and principal place of business located at 829 Third Avenue, New York, N.Y.

2. Respondent Louis J. Bacher is an officer of the corporate respondent and controls, directs, and formulates the acts, practices, and policies of the corporate respondent. His address is the same as that of the corporate respondent. 3. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents and the proceeding is in the public interest.

ORDER It is ordered, That respondent Dein-Bacher, Inc., a corporation, and its officers, and Louis J. Bacher, individually and as an officer 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, offering for sale, advertising, transportation, or distribution of fur products in commerce, or in connection with the sale, offering for sale, advertising, 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 the term “commerce,” “fur,” and “fur products” are defined in the Fur Products Labeling Act, do forthwith cease and desist from: 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 DEIN-BACHER, INC., ET AL. 11038 1101 Order 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 a fact;

(c) That the fur product contains or is composed of bleached, dyed, or otherwise artificially colored fur, when such is a fact; (d) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is a 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 commerce, advertised or offered it for sale in commerce, or transported or distributed it in commerce; (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 the term “blended” as a part of the required information to describe the pointing, dyeing, or tip-dyeing of furs. B. 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:

1. Fails to disclose:

(a) 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 by the Rules and Regulations;

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

2. Uses the term “blended” to describe the pointing, dyeing, or tip-dyeing of furs.

3. Represents that the regular or usual price of any fur product is in an amount which is in excess of the price at which the respondents have usually and customarily sold such products in the regular course of their business.

Decision 55 F.T.C.

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, aceordingly:

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.

MAWSON DeMANY FORBES, INC., ET AL. 1105 Decision