Simon Lieberman trading as Artistic Fur Shop

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In roe Marrer or SIMON LIEBERMAN TRADING AS ARTISTIC FUR SHOP CONSENT ORDER, ETC... IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7509. Complaint, June 3, 1959—Decvision, Sept. 23, 1950 Consent order requiring a Buffalo, N.Y.. furrier to cease violating the Fur Products Labeling Act by labeling as “natural.” fur products composed of dyed fur, by failing to set forth the term “Dyed Mouton-precessed Laan" as required, and by failing in other respects to comply with labeling and invoicing requirements.

Mr. S. F. House, for the Commission.

No appearances for the respondent.

ARTISTIC FUR SHOP 343 342 Decision IniriaL Decision py Loren H. Laveuir, Hearine 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 respondent 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 respondent. was duly served with process.

On August 7, 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 respondent and counsel supporting the complaint, under date of July 31, 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 Rules of Practice for Adjudicative Proceedings, and that by said agreement the parties have specifically agreed to the following matters:

1. Respondent Simon Lieberman is an individual trading as Artistic Fur Shop, with his office and principal place of business located at 909 Broadway, in the City of Buffalo. State of New York. 2. Respondent admits all the jurisdictional facts alleged in the complaint and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations.

3. This agreement disposes of all of this proceeding as to all parties.

4. Respondent waives:

a. Any further procedural steps before the hearing examiner and the Commission ;

b. The making of findings of fact. or conclusions of law; and c. All of the rights he 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 Order 06 F.T.C.

constitute an admission by respondent that he has 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 respondent. When so entered it shall 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 a 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 the respondent 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. the respondent 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 respondent Simon Lieberman, individually and trading as Artistic Fur Shop, or trading under any other name or names. ‘and his representatives, agents and employees, directly or thr ough any corporate or other device in connection with the introduction, manufacture for introduction, 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 forthwith cease and desist. from: A. Misbranding fur products by:

(1) Failing to affix labels to fur products showing in words and figures plainly legible all information required to be disclosed by ARTISTIC FUR SHOP 345 342 Decision each of the subsections of §4(2) of the Fur Products Labeling Act; (2) Failing to affix labels to fur products showing the item number or mark assigned to a fur product;

(3) Setting forth on Jabels affixed to fur products: (a) Information required under §4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, mingled with non-required information ; (b) Infor mation required under §4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting;

(c) Information required under §4(2) of the Fur Products Labeling Act and Rules and Regulations promulgated thereunder in abbreviated form;

(4) Failing to set forth all the information required under §4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder on one side of labels; (5) Failing to set forth on labels the information required under §4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in the required sequence; (6) Affixing to fur products labels that do not comply with the minimum size requirements of 134" x 284"; (7) Failing to set forth separately on labels attached to fur products composed of two or more sections containing different animal furs, the information required under §4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder with respect to the fur comprising each section ; (8) Failing to set forth the term “Dyed Mouton Processed Lamb” in the manner required.

B. Falsely or deceptively invoicing fur products by: (1) 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; (2) Failing to furnish invoices to purchasers of fur products showing the item number or mark assigned to a fur product; (3) Setting forth the 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 28rd day of September, 1959, become the decision of the Commission: and, accordingly :

Decision 56 F.T.C.

Lt ws ordered, That respondent Simon Lieberman, an individual trading as Artistic Fur Shop, 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.