Ruth Elenowitz

Text (OCR of the scan at left; may contain errors)

IN Tile MATTER OF RUTH ELENOWITZ, ET AL.

DOING BUSINESS AS MAHK TRADING CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VlOLATIOK OF' THE FEDERAL TRADE COMMJSSJON ACT Docket 7281. Comploint, Oct. 1955- Vecision, Feb. , 1.959 CrmO'ent order requiring a concern in l\aspeth, N. , to cease misreTJrescnting dOJnr.stic perfumes as French imports through use of the brand name La Vie En Rose " and advertising them as "The i"avoritc of fashionable Paris " etc. ; and to cea c advertising that fictitious prices ranking from $10 to $27.50 were regular retail pI"ices of the perfumes, that they were nationally advertised at such prices, and were sold in well-known department stores.

M,' . S. F. House for the Commi,sion. M,' . Marlin J. F01' gan!J, of New York, for respondents, ITIAL DECISION BY ABNER E. LIPSCOMB, HEARING EXAMINER On October 17, 1958, the complaint herein was issued, charging respondents ,1,ith the use of false, misleading and deceptive representations in connection v.,'ith the advertising, sale and distribution in commerce of perfume products, which are "cosmetics as that term is defined in the Federal Trade Commission Act; which representations constitute unfair and deceptive acts and practices in commerce, in violation of said Act. Thereafter, on December 5 , 1958, respondents, their counsel and counsel supporting the complaint entered into an Agreement Containing Consent Order to Cease and Desist, which \vas approved by the acting director and an assistant director of the Commission s Bureau of Litigation, and thereafter submitted to the hearing examiner for consideration. Respondents Ruth EJenowitz and Irving EJenowitz are identified in the agreement as individuals doing business under the principal1 place trade name of Mark Trading, with their offce and of business located at 62-15 Fifty Third A venue, Maspeth 78 Y. It is stated in the agreement that Ruth Elenowitz is also known as Huth Weidenbaum.

Respondents admit a1l the jurisdictional facts alleged in the complaint, and agree that the record may be taken as if find- Order 55 F.

ings of jurisdictional fact had been duly made in accordance with such allegations.

Respondents, in the agreement, waive any further procedure before the hearing examiner and the Commission; the making of findings of fact or conclusions of law; and all of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement. All parties agree that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and the agreement; that the order to cease and desist, as contained in the agreement, when it shall have become a part of the decision of the Commission, shall have the same force and effect as if entered after a full hearing, and may he altered, modified or set aside in the manner provided for other orders; that the complaint herein may be used in construing the terms of said order; and that the 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.

After consideration of the allegations of the complaint and the provisions of the agreement and the proposed order, the hearing examiner is of the opinion that such order constitutes a satisfactory disposition of this proceeding. Accordingly, in consonance with the terms of the aforesaid agreement, the hearing examiner accepts the Agreement Containing Consent Order to Cease and Desist; finds that the Commission has jurisdiction over the respondents and over their acts and practices as alleged in the complaint; and finds that this proceeding is in the public interest. Therefore It is onlercd That respondents Ruth Elenowitz, also known as Ruth vVeidenbaum, and Irving Elenowitz, individuals doingbusiness under the trade name :.Tark Trading, or trading under any other name, ann respondents ' representatives, agents, and employees, directly or through any corporate or other device, in connection \\'ith the offering for sale, sale or distribution of perfumes or any other related product, do forth\Io'ith cease and desist from, directly or indirectly:

1. Disseminating, or causing to be disseminated, any advertisement, by means of ihe United States mails or by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, for the purpose of inducing, or which is likely to MARK TRADING 1157 1155 Decision induce, directly or indirectly, the purchase of said products, which advertisement:

(a) Represents, directly or hy implication, that any amount is the retaij price of a product when said amount is in excess of the price at which said product is usually and customarily sold at retail;

(b) Represents, directly or by implication, that any of their products are nationally advertised or sold in well-known department stores, unless such is the fact;

(c) Uses the words "La Vie En Rose" or any other French name, word, term, or depiction, in connection with any such product not manufactured or compounded in France, or otherwise representing, directly or by implication, that such products are manufactured or compounded in France; 2. DisseminaUng, or causing to be disseminated, any advertisement, by any means, for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase of such product, in commerce, as "commerce" is defined in the Federal Trade Commission Act, \vhieh advertisement contains any of the representations prohibited in paragraph 1 hereof. DECISION OF THE CO)' MISSION A"D ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section :0. 21 of the Commission s Rules of Practice, the initial decision of the hearing examiner shall, on the 11th day of February 1959 , become the decision of the Commissian; and, accordingly:

It is ordered That respondents Ruth Elenowitz, and Irving Elenowitz, doing business under the name of Mark Trading, 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.

, ( Decision 55 F.