Cohen Bros. Fur Corp.

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

In THE MatTTeR OF COHEN BROS. FUR CORP. ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7510. Complaint, June 5, 1959—Decision, Sept. 9, 1959 Consent order requiring a New York City furrier to cease violating the Fur Products Labeling Act by designating as “regular,” on invoices of fur products. prices which were in excess of the customary resale prices, and Decision 56 F.T.C.

by Turnishing a false guaranty that certain of their products were not falsely invoiced.

Mr. Charles W. O'Connell for the Commission. Respondents, pro se.

Initiat Decision py Loren H. Laveuiin. Hearinc Examiner The Federal Trade Commission (sometimes also hereinafter referred to as the Commission) on June 5, 1959, issued its complaint herein, charging the above-named respondents with having violated the provisions of both the Federal Trade Commission Act and the Fur Products Labeling Act, together with the Rules and Regulations promulgated thereunder, and the respondents were duly served with process.

On July 24, 1959, there was submitted to the undersigned hearing examiner of the Commission for his consideration and approval an “Agreement Containing Consent Order To Cease And Desist,” which had been entered into by and between respondents and counsel supporting the complaint, under date of July 21, 1959, subject. to the approval of the Bureau of Litigation of the Commission. which had subsequently duly approved the same, On due consideration of such agreement, the hearing examiner finds that said agreement, both in form and in content, is in accord with §3.25 of the Commission’s Rujes of Practice for Adjudicative Proceedings, and that by said agreement the parties have specifically agreed to the following matters:

1. Respondent Cohen Bros. Fur Corp. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its principal office and place of business located at 815 Seventh Avenue, in the Citv of New York, State of New York.

Individual respondents Leslie L. Cohen and Jack Cohen are officers of the corporate respondent. The individual respondents have their address at the same address as that of the corporate respondent. 2. Respondents admit all the jurisdictional facts alleged in the complaint and agree that the record mav be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations.

8. This agreement disposes of all of this proceeding as to all parties. , 4. Respondents waive:

(a) Any further procedural steps before the hearing examiner and the Commission :

COHEN BROS. FUR CORP. ET AL. 291 289 Order (b) The making of findings of fact or conclusions of law; and (c) All of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with this agreement.

5. 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.

6. This agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission. 7. This 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.

8. The following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondents. When so entered it shal] have the same force and effect as if entered after a full hearing. It may be altered, modified or set aside in the manner provided for other orders. The complaint may be used in construing the terms of the order.

Upon due consideration of the complaint filed herein and the said “Agreement Containing Consent Order To Cease And Desist,” the latter is hereby approved, accepted and ordered filed, the same not to become a part of the record herein, however, unless and until it becomes part of the decision of the Commission. The hearing examiner finds from the complaint and the said “Agreement. Containing Consent Order To Cease And Desist” that the Commission has jurisdiction of the subject matter of this proceeding and of each of the respondents herein; that the complaint states a legal cause for complaint. under the Federal] Trade Commission Act and the Fur Products Labeling Act and the Rules and Regulations promulgated by the Commission under the latter Act, against each of the respondents both generally and in each of the particulars alleged therein; that this proceeding is in the interest of the public; that the following order as proposed in said agreement is appropriate for the just disposition of all of the issues in this proceeding as to all of the parties hereto; and that said order therefore should be, and hereby is, entered as follows:

ORDER It is ordered, That respondents Cohen Bros. Fur Corp., a corporation, and its officers, and Leslie L. Cohen and Jack Cohen, individually and as officers of the corporation. and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction or the manufac- Srllabus 56 FEC.

ture for introduction into commerce, or the sale, advertising, or offering for sale, transportation or distribution in commerce, of fur products, or in connection with the 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 products” are defined in the Fur Products Labeling Act, do forthwith cease and desist: from:

1. Falsely or deceptively invoicing fur products by representing, directly or by implication, on invoices that the former or regular price of anv fur product is any amount which is in excess of the price at which respondents have usually or customarily sold such products in the recent. regular course of their business; 2, Furnishing false guarantees that certain furs or fur products are not misbranded, falsely invoiced or falsely advertised, when there is reason to believe that said furs or fur products may be introduced, sold, transported or distributed in commerce. 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 9th day of September, 1959, become the decision of the Commission; and accordingly :

/t is ordered, That the above-named respondents 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.