Winston Garment, Inc.

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

In rer Marrer or WINSTON GARMENT, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7402. Complaint, Feb. 6, 1959—Decision, Aug. 26, 1959 Consent order requiring furriers in New York City to cease violating the Fur Products Labeling Act by falsely labeling certain fur products with respect to the names of animals producing the fur, and by failing in other respects to comply with labeling and invoicing requirements. Mr. Thomas A. Ziebarth for the Commission. Nemeroff, Jelline, Danzig & Paley, of New York, N.Y., for respondents.

Initia, Decision sy J. Earn Cox, Heartnc ExaMIneEr The complaint charges respondents with misbranding and with falsely and deceptively invoicing certain of their fur products, in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, and of the Federal Trade Commission Act.

After the issuance of the complaint, respondents, their counsel, and counsel supporting the complaint entered into an agreement containing consent order to cease and desist, which was approved by the Director and an Assistant Director of the Commission’s Bureau of Litigation, and thereafter transmitted to the hearing examiner for consideration. , The agreement states that respondent Winston Garment, Inc. is a corporation 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 247 West 38th Street, New York, New York, and that individual respondents Miles Rose, Thomas Brennan and George Ahrens are president, secretary and treasurer, re- Order 56 FTC.

spectively, of the corporate respondent and have the same address as the corporate respondent.

The agreement provides, among other things, that respondents admit all the jurisdictional facts alleged in the complaint, and agree that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement; that the agreement shall not become a part. of the official record wnless and until it becomes a part of the decision of the Commission; that the complaint may be used in construing the terms of the order agreed upon, which may be altered, modified or set. aside in the manner provided for other orders; that the agreement. is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint; and that the order set forth in the agreement and hereinafter included in this decision shall have the same force and effect as if entered after a full hearing. Respondents waive any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of law, and all of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement.

The order agreed upon fully disposes of all the issues raised in the complaint. and adequately prohibits the acts and practices charged therein as being in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, and of the Federal Trade Commission Act. Accordingly, the hearing examiner finds this proceeding to be in the public interest, and accepts the agreement containing consent order to cease and desist as part of the record upon which this decision is based. Therefore. It is ordered. That. respondents Winston Garment, Inc., a corporation, and its officers, and Miles Rose, Thomas Brennan and George Ahrens, 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 into 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? WINSTON GARMENT, INC., ET AL. 167 GA Decision and “fur product” are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

1. Falsely or deceptively labeling or otherwise identifying any such product as to the name or names of the animal or animals that produced the fur from which such product was manufactured; 2, Misbranding fur products by:

A. Failing to affix labels to fur products showing in words and figures plainly legible all of the information required to be disclosed by each of the subsections of $4(2) of the Fur Products Labeling Act;

B. Failing to set forth on the required labels the item number or mark assigned to a fur product;

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

ID. Affixing to fur products labels that do not comply with the minimum size requirements of one and three-quarter inches by two and three-quarter inches;

3. Falsely or deceptively invoicing fur products by: A. Failing to furnish to purchasers of fur products an invoice. showing all of the information required to be disclosed by each of the subsections of $5(b) (1) of the Fur Products Labeling Act; B. Failing to set forth on the required invoices the item number or mark assigned to a fur product;

C. Setting forth information required under §5(b)(1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form.

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 26th day of August, 1959, become the decision of the Commission; and accordingly :

It is ordered. That respondents Winston Garment, Inc., and Miles Rose, Thomas Brennan and George Ahrens, individually and as oficers of said corporation, 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 . b6 F.T.C.