Hacker, Siamon & Elfenbein, Inc.

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In tue Marrer or HACKER, SIAMON & ELFENBEIN, INC., ET AL. CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7457. Complaint, Apr. 1, 1959—Decision, July 3, 1959 Consent order requiring a New York City furrier to cease violating the Fur Products Labeling Act by failing to comply with labeling and invoicing requirements.

Mr. John T. Walker for the Commission.

Respondents, pro se.

Inirian Decision sy Frank Ver, Heartne Examiner Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act and the Rules and Regulations made pursuant thereto, the Federal Trade Commission on April 1, 1959, issued and subsequently served its complaint in this proceeding against the above-named respondents.

On May 7, 1959, there was submitted to the undersigned hearing examiner an agreement between respondents and counsel supporting the complaint. providing for the entry of a consent order. Under the foregoing agreement, the respondents admit 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 force and effect as if entered after a full hearing and the document includes a waiver by the respondents of all rights to challenge or contest the validity of the order issuing in accordance therewith. The agreement further recites that it 1s for settlement purposes only and does not constitute an admission by the respondents that they have vio- Jated the Jaw as alleged in the complaint. The hearing examiner finds that the content of the agreement meets al] of the requirements of Section 3.25(b) of the Rules of the Commission.

The hearing examiner having considered the agreement and _proposed order, and being of the opinion that they provide an appro- HACKER, SIAMON & ELFENBEIN, INC., ET AL. 13 12 Order priate basis for settlement and disposition of this proceeding, the agreement is hereby accepted, and it is ordered that said agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission. The following jurisdictional findings are made and the following order issued. J. Respondent Hacker, Siamon & Elfenbein, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business located at 242 West 30th Street, New York, New York.

Individual respondents Sidney Siamon, Nathan Hacker and Wilham Elfenbein are president, secretary, and treasurer, respectively, of the corporate respondent, and have the same address as that of the said corporate respondent.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceedang is in the public interest.

ORDER It is ordered, That the respondents, Hacker, Siamon & Elfenbein, Inc., a corporation, and its officers, and Sidney Siamon, Nathan Hacker, and William Elfenbein, individually and as officers of said corporation, and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, or manufacture for introduction, in commerce, or the sale, advertising, offering for sale, transportation or distribution, in commerce, of fur products, or in connection with the sale, manufacture for sale, advertising, offering for sale, transportation or distribution of fur products which have been 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. Misbranding fur products by:

A. Failing to affix labels to fur products showing: (1) The name or names of the animal or animals producing the fur or furs contained in the fur product, as set forth in the Fur Products Name Guide and as prescribed under the Rules and Regu- Jations;

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

(3) That the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur, when such is the fact: Decision 56 F.T.C.

(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, or other identification issued and registered by the Commission, of one or more persons who manufactured such fur product for introduction into commerce, introduced it into commerce, sold it in commerce, advertised or offered it for sale in commerce, or transported or distributed it in commerce; (6) The name of the country of origin of any imported furs contained in a fur product.

B. Setting forth on labels affixed to fur products information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting. 2. 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;

(8) 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;

(7) The item number or mark assigned to a fur product. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission’s Rules of Practice, the mitial decision of the hearing examiner shall, on the 8rd day of July, 1959, become the decision of the Commission; and, accordingly:

It ts 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. PREMIER KNITTING CO., INC., ET AL. 15 Decision