Arnold T. Smith

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In rue Marrer or ARNOLD T. SMITH TRADING AS SMITH’S FUR SHOP CONSENT ORDER, ETC... IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7456. Complaint, Apr. 1, 1959—Decision, July 15, 1959 Consent order requiring a Pittsburgh furrier to cease violating the Fur Products Labeling Act by setting forth on labels and invoices the name of an animal other than that producing certain fur, by misuse of the term “blended” on labels, by failing to set forth information with regard to “new fur” or “used fur” added to fur products that had been repaired or restyled, and by failing in other respects to comply with labeling and invoicing requirements.

Mr. S. F. House for the Commission.

Inittan Decision By Waxrrer R. Jounson, Heartne EXaminer In the complaint dated April 1, 1959, 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 May 18, 1959, the respondent 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 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 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 settlement purposes only and does not constitute an admission by the respondent that he has violated the Jaw as alleged in the complaint. The hearing examiner finds that the content of the agreement meets all of the requirements of Section 8.25(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 SMITH'’S FUR SHOP 63 62 Order of this proceeding as to-all of the parties, the agreement is hereby accepted and it is ordered that the agreement shall not become a part of the official record of the proceeding unless and until it becomes a part of the decision of the Commission. The following jurisdictional findings are made and the following order issued. 1. Respondent Arnold T. Smith is an individual trading as Smith’s Fur Shop, with his office and principal place of business located at 635 Penn Avenue, Pittsburgh, Pennsylvania. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered, That Arnold T. Smith, an individual trading as Smith’s Fur Shop, or under any other name, and respondent’s representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, or manufacture for 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, 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 fortwith 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 Regulations;

(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, dved 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, 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;

Order 56 F.T.C.

(7) The item number or mark assigned to a fur product. B. Setting forth on labels affixed to fur product: (1) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form;

(2) The term “blended” as part of the information required under Section 4(2) of the Fur Products Labeling Act, and the Rules and Regulations promulgated thereunder to describe the pointing, bleaching, dyeing or tip-dyeing of furs; (3) Information required under Section 4(2) of the Fur Products. Labeling Act and the Rules and Regulations promulgated thereunder, mingled with non-required information ; (4) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting.

C. Failing to set forth the information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in letters of equal size and conspicuousness.

D. Failing to set forth the information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in the required sequence. E. Setting forth on labels attached to fur products the name or names of any animal or animals other than the name or names provided for in Section 4(2) (A) of the Fur Products Labeling Act. 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. QUALITY FURS, INC., ET AL. 65 62 Decision B. Setting forth on invoices pertaining to fur products the name or names of any animal or animals other than the name or names provided for in Section 5(b) (1) of the Fur Products Labeling Act. C. Setting forth information required under Section 5(b)(1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form. D. Failing to set forth the information required under Section 5(b)(1) of the Fur Products Labeling Act and the Rules and Regulations. thereunder with respect to “new fur’ or “used fur” added to fur products that have been repaired, restyled or remodeled. 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 15th day of July, 1959, become the decision of the Commission; and, accordingly :

It is ordered, That the respondent herein shall, within sixty (60) days after service upon him of this order, 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.