Fleisher Fur Company

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IN Tile MATTER OF FLEISHER Fer COMPANY CONSE:-T ORDER, ETC., IN REGARD TO THE ALLEGED Violation OF TIH: FF.DERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 71.9!!. Cun/plaillt, .July U)58- J)ccisivn, Api" , 195.9 Consent order requiring' a New York City fUl'jer to cease viulating the Fur Products Laheling' Act by Jailing" to comply with labeling- J'cquirements; by selling forth on invoices and in adverti",in! , prices which were fictitious; by failing to maintain adequate records as a basis for such Pricing claims; and by furnishing a false g'uaeanty that certain of their fur products were not misbranded, falsely invoiced, and fase!y advertised. M,.. ChaTle" W. O' Connell for the Commission. MT. J(wlc C. Wilne,' of New York, N. , for respondent. INITIAL DECISION BY WALTER R. JOHNSON , HEARING EXAMINER In the complaint dated July 17, 1958, the respondent is charged with violating the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act and the Rules and Regulations made pursuant thereto.

On February 24, 1959, the respondent and his attorney entered into an agreement with counsel in support of the complaint for a consent order.

Under the foregoing agreement, the respondent admits the jurisdictional facts alleged in the complaint. The parties agree among other things, that the cease and desist oreler there set forth may he entered without further notice and have the same force and effect as if entered after a full hearing and the document includes a waiver by the respondent of all rights to challenge or contest the validity of the order issuing in accordance therewith. The agreement further recites that it is for settement purposes only and does not constitute an admission by the respondent that he has violated the law as alleged in the complaint.

The hearing examiner finds that the content of the agreement meets all of the requirements of Section :;. 25 (b) of the Rules of the Commission.

The hearing examiner being of the opinion that the agreement and the proposed order provide an appropriate basis for disposition of this proceeding as to all of the parties, the agreement Order 55 F.

is hereby accepted and it is ordered that the agreement shali not hecome a part of the offcial record of the proceeding unless and until it bf.comes a part of the decision of the Commission. The following jurisdictional findings are made and the following order issued.

1. Respondent Leon Fleisher is an individual trading and doing business as Fleisher Fur Company with his offce and place of business located at 333 Scventh Avenne, New York, N. 2. The Federal Trade Commission has jurisdiction or the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is onlered That Leon Fleisher, an individual trading a Fleisher Fur Company, or under any other name or names, and his representatives, agents and employ, directly or through any corporate or other device, in connection \with the introduction or the manufac:ure for introduction, into commerce, or the sale, advertising, offering for sale. transportation or distribution, in commerce, of fur products, or in connection ''with the manufacture for sale, sale, 2.advertising, offering for sale, transportation or distribution of fur products which have been made in 'ovhole or in part of fur which has been shipped and received in commerce, as "commerce fur" and "fur product" are defined in the Ful' Products Labeling Act do forthwith cease and desist from: A. l\lisbranding fur products by setting forth on labels attached to fur products information required nncler Section;) (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thcreundel' which is mingled with nonrequired information.

B. Falsely or deceptively invoicing fur products by representing, directly or by implication, that the rcgu1ar or 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 product in the recent regular course of his business. C. Falsely or deceptively advertising fur products through the use of any advel-tisement, representation, public announcement or notice which is intended to tid, promote or assist, directly or indirectly, in the sale or offer;ng for sale of fur products, which represents, directly or by implication, that the regular or usual price of any fur product is any amount which is in excess of the FLEISHER FUR COMPANY 1715 1713 Decision price at which respondent has usually and customarily sold such product in the recent regular course of his business. D. Making- claims or representations in advertisements that prices are reduced from regular or usual prices, unless respondent maintains full and adequate records disclosing- the facts upon which sllch claims or representations are based. E. Furnishing false guaranties that certain furs or fur products are not misbranded, falsely invoiced or falsely advertised when there is reason to believe that such furs or fur products may be introduced, sold, transpol'ed or distributed in commerce. DECISIO'i OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIAKCg The Commission having considered the initial decision filed by the hearing examiner wherein he accepted an agreement containing a consent order to cease and desist executed by the respondent and his counsel and by counsel supporting the complaint, service of \which initial decision "vas completed on l\Iarch , 1959; and Counsel for the respondent, by letter received March 26, 1959 having stated that the respondent's entry into that agreement was contingent on inclusion of a statement that the agreement was being entered into for settlement purposes only and did not constitute an admission by the respondent of law violation, and the respondent having requested that the initial decision be amended to incorporate the agreement's reservation in that respect inasmuch as no reference thereto appears in the initial decision; and It appearing that prior decisions of the Commission based on agreements containing consent orders to cease and desist usually have included brief summaries of certain of their salient provisions, and the Commission having determined in the circumstances here that the initial decision s omission in that regard should be supplied, including due mention of the paragraph to \vhi('h the respondent' s motion relates: It is o1'dered That the initial decision be, and it hereby is amended by inserting bebveen the second and third paragraphs thereof the following parag-raph:

Under the foregoing agreenlent, the respondent admits the jurisdictional facts alleged in the complaint. The parties agree among other things, that the cease and desist order there set forth may be entered without further notice and have the same 1716 FEDERAl" TRADE COMMISSION DECISIONS Decision 55 F.

force and effect as if entered after a full hearing and the document includes a waiver by the respondent of all rights to challenge or contest the validity of the order issuing in accordance therewith. The agreement further rccites that it is for settlement purposes only and does not constitute an admission by the respondent that he has violated the law as alleged in the complaint.

It is .I",.I.IIe-,. o,.dered That thc initial dccision as so modified shall, on the 25th day of April, 1959, become thc decision of the Commission.

It is f1,rtlleJ on/ered That the respondent Leon Fleisher, an individual trading as Fleisher Fur Company, shall, within sixty (GO) days after service upon him of this ordcr, file with the Commission a report, in writing, setting forth in detail the manner and form in which he has complied with the order to cease and desist.

FORT .fEWBLRY CO., INC., BT AL. 1717 Decision