Jordan Marsh Company

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IN THE MATTER OF JORDAN MARSH COMPANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELI:NG ACTS Docket 7311. C01lfJlclint. Vov. 1958--lJecis'ioll, Jvn1". 20, 195D Consent ordcr requiring a departmrnt store in Miami, Fla., to cease violating the Fur Products Labeling Act by advertising in ncw::papers whi('h represented rrices of fur products as reduced from so called regul:u prices which "were in fact fictitious, and represented certain mjnk products falsely as "Each ., a one-of- kind designer piece. ilh. John T. Walke1' for the Commission. Walton, Lantaff, Schroeder, Atkins, Carson Wahl by Mr. Richard A. Pettig1'c)( of Miami, Fla., for respondent. INITIAL DECISION DY FRANK HIER, HEARING EXAMINER Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act, the Federal Trade Commission on l'ovember 19, 1958 issued and subsequently served its complaint in this proceeding against respondent Jordan l\farsh Company, a corporation existing and doing business3 under and by virtue of the laws of the State of Florida. On January 28 , 1959, there ,vas submitted to the l1mhTsigned hearing examiner an agreement between respondent and counsel supporting the complaint provjding for the entry of n consent order. By the terms of said agreement, respondent admits all the jurisdictional facts alleged in the complaint and agrees th::t the record may be tal(en as jf findings of jurisdictional facts had been duly made in accordance with such allegations. By such agreement, respondent waives any further procedural steps before the hearing examiner and the Commission; waives the making of findings of fact and conclusions of law; and waives all of the rights it may have to challenge or contest the validity of the order to cease and dcsi:: t entered in accordance with this agreement.

Such agreement further provides that it disposes of al1 of this proceeding- as to all parties; that the record on which this initial decision ancl the cleci ion of the C01nmission shall be based shall consist solely of the complaint and this agreement; that the latter shall notbc ome a PC:itl of the offcial record unless and until JORDAN MARSH COMPANY 1471 1470 Order it becomes a part of the decision of the Commission; 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; and that the following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondent, and, when so entered, it shall have the same force and effect as if entered after a fuJJ hearing, and may be altered, modified, or set aside in the manner provided for other orders; and that the complaint mF,y be used in construing the terms of the order.

The hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for seWement and disposition of this proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued. 1. Respondent J ardan 1\ arsh Company, is a. corporation existing and doing business under the laws of the State of Florida with its office and principal place of business located at 1501 Biscayne Boulevard, Miami, Fla.

2. The Federal Trade Commission has jurisdiction of the sub. ject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is anlered That respondent Jordan 1\la1'sh Company, a corporation, and its offcers, and respondent' s representatives, agents and employees, directly or through any corporate or other device, in connection \vHh 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 wh01c or in part of fur which has been shipped and received in commerce, as I' commerce fur" and "fur product" are defined in the Fur Products Labeling Act, do forthwith cease lnd desist from:

1. Falsely)' or deceptively advertising fur products through Lhe use of any advertisement representation, public announcement, or notice which is intended to aid, promote or assist, directly or indirectly, in the sale or ofrering for saJe of fur products, and which:

A. Represents, directly or by implication, that the regular or Decision 55 F.

usual price of any fur product is any amount which is in excess of the price at which respondent has usually and customarily sold such products in thc recent regular course of business; B. Represents, directly or by implication, that any fur product is fashiuned for or in any specific year, or is in a special collection, or is a one-of- kind designer piece, or words of similar import, when such is not the fact.

2. Making price claims and representations of the type 1'efen' ed to in paragraph lA , above, unless respondent maintains full and adequate records disclosing the facts upon which such claims or representations are based.

DECISION OF THE COMMIESION 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 20th day of March 1959, become the decision of the Commission; and, accordingly:

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.

Tile EIS AUTOMOTIVE CORP. 1473 Decision