Carson Pirie Scott & Company
Volume 55 · 55 F.T.C. 1149
deceptive advertisingproduct labelingpricing comparisons
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Carson Pirie Scott & Company, 55 F.T.C. 1149 (1959). Consumer Law Library, https://consumerlawlibrary.org/decisions/v055-0215
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IN THE MATTER OF CARSON PUUE SCOTT & COMP A0:Y CONSEi'T ORDER ETC. , lK REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODGCTS LABELING ACTS Docket 7270. Complaint, Oct. 1958-JJccision, Feb. , 1959 Consent order requiring a Chicago department store to cease violating the Fur Products Labeling Act by advertising in letters and otherwise which represented prices of fur products falsely as "Below original cost " and by failing to maintain adequate records as a basis for such claims. Mr. John T. Walker for the Commission. Sidle)!, Austin, Burgess Smith of Chicago Ill. , by Mr. James E. S. Ba.kct 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 Regubtions 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 the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and agreement; that the inclusion of finding-s 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 the order hereinafter set forth may be entered in disposition of the proceeding, such order to have the same force and effect as if entered after a full hearing, respondent specifically waiving any and all rights 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 settement purposes only and does not constitute an admission by respondent that it has violated the law as alleged in the complaint. The hearing 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 Decision 55 F.
agreement is hereby accepted, the following jurisdictional fmdings made, and the following order issued:
1. Respondent Carson Pirie Scott & Company is a corporation organized, existing and doing business under the laws of the State of Ilinois, with its offce and principal place of business located at One South State Street, Chicago, Ill. 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 respondent Carson Pirie Scott & Company, a corporation, and its offcers, representatives, agents and ernemployees, directly or through any corporate or other device, in connection with the introduction into commerce, or the sale, advertising, offering for sale, 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 are made in whoJe or in part of fur ,vhieh 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. 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 fuy products, and which:
A. Represents, directly or by implication, that prices of fur products are "Below original cost " or words of similar import when such is not the fact.
2. Making price claims or representations in advertisements respecting reduced prices of fur products or that prices of fur products are belo\v original cost, unless respondent maintains full and adequate records disclosing t.he facts upon which such claims or representations are based.
DECISION OF THE CO:VIYlISSION A;.D 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 1 Jth day of February 1959 , become the decision of the Commission; and, accordingly:
CARSON PIRIE SCOTT & COMPANY 1151 1149 Decision It is ordered 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.
Decision 55 F.