Kestenbaum & Rennert, Inc.

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

IN THE MATTER OF KESTENBAUM & RENNERT, INC., ET AL.

CONSENT ORDER , ETC., IN REGAThD TO ALLEGED VIOLATION OF THE FEDERAL TRADI COMMISSlOK AND THE FUR PRODUCTS LABELING ACTS Docket 7.19. COllqJlaint, Dec. 1958-De(nsion June, 195. Consent order requiring furriers in Brooklyn, N. , to cease violating the Fur Products Labeling Act by representing prices of fur products on invoices as having been retluced from regular prices which were in fact fictitious. kl,.. Alvin D. Edelson supporting the complaint. lvFJ'. Herbert YUTan of Derman YUFun of New York, N. for respondents.

INITIAL DECISION BY JOSEPH CALLAWAY, HEARING I"EXAMINER The Federal Trade Commission issued its complaint against the above-named respondents on December 2 , 1958 , charging them with having violated the Fur Products Labeling Act, tbe rules and regulations issued thereunder, and the Federal Trade Commission Act by falsely and deceptively invoicing certain of their fur products as alleged in the complaint. After being served with the complaint respondents entered into an agreement, dated February 27, 1959 containing a consent order to cease and desist, disposing of all the issues in this proceeding, without hearing, which agreement has been duly approved by the assistant director and the director of the Bureau of Litigation. Said agreement has been submitted to the undersigned, heretofore duly designated to act as hearing examiner herein for bis consideration in accordance with Section 3.25 of the Rules of the Commission.

The hearing examiner finds that the content of the agreement meets all of the requirements of Section 3. 25 (b). 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:

I. Respondent Kestenbaum & Rennert, Inc. is a corporation organized, existing and doing business under and by virtue of Order 55 F.

the laws of the State of New York with its olIce and principal place of business at 1869 83d Street, Brooklyn, N. , c/o Morris Kestenbaum.

2. Individual respondents George Rennert and Julius Gasper are secretary-treasurer and vice president respectively of said corporate respondent. Individual respondent J aek Kaufman is a salesman for said corporate respondent. The address of the respondent George Rennert is 1950 Daly Avenue, Bronx, New York Y. The adelress of respondent Julius Gasper is 2771 Bainbridge Avenue, Bronx, New York, N.Y. The address of respondent lack Kaufman is 1869 83d Street, Brooklyn, N. 3. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents under the Fur Products Labeling Act and the Federal Trade Commission Act, and this proceeding is in the interest of the public.

ORDER It 'is orde' That respondents Kestenbaum & Rennert, Inc. a corporation, and its offcers, and George Rennert and Julius Gasper, individually and as omcers of said corporation, and Jack Kaufman, individually, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, or the manufacture for introduction, into commerce, or the sale, advertising, or offering for sale, or transportation or distribution in commerce, of any fur product, or in connection with the sale, advertising, offering for sale, transportation or distribution of any fur product which is made in whole or in part of fur which 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 invoicing fur products by: A. Failing to furnish invoices to purchasers of fur products showing- :

(1) 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 under the Rules and Regulations;

(2) That the fur product contains or is composed of used fur when such is the fact;

KESTENBAUM & RENNERT, INC., ET AL. 1885 1883 Decision (3) That the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur, when such is the fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact;

(5) The name and address of the person issuing such invoice; (6) The name of the country of origin of any imported furs contained in a fur product.

B. Setting forth certain prices as the regular or usual prices of certain fur products when such prices are in fact in excess of the price at which the respondents have regularly or usually sold said certain fur products in the recent regular course of their business.

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 2d day of June 1959 , become the decision of the Commission; and accordingly:

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.

Decision 55 F.