Coopchik-Forrest, Inc.

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In THE MATrer OF COOPCHIK-FORREST, INC., ET AL.

CONSENT ORDER, ETC.. IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMAIMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7511. Complaint, June 10, 1959—Decision, Nov. 14, 1959 Consent order requiring a New York City furrier to cease violating the Fur Products Labeling Act by setting out fictitious prices of fur products on invoices and on consignment bills, by representing certain prices on the latter as “old prices” without giving the time of such alleged “old prices,” and by failing to maintain adequate records as a basis for such pricing claims.

Decision 56 F.T.C.

Mr. Garland S. Ferguson for the Commission. Hays, St. John, Abramson & Heilbron, by Afr. William Abramson, of New York, N.Y., for respondents.

Inir1au Decision py J. Eart Cox, Hearing Examiner The complaint charges respondents with falsely and deceptively invoicing and advertising certain of their fur products, and with failing to maintain full and adequate records disclosing the facts upon which were based certain claims and representations with respect to the prices of said 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. corporate respondent Coopchik-Forrest, 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 333 Seventh Avenue, New York, New York, and that individual respondents Robert Coopchik, Alex Coopchik and Milton R. Forrest are officers of said corporation and formulate, direct and control the practices thereof, their address being the same as that of 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 unless 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 shal] have the same force and effect as if entered after a full hearing.

COOPCHIK-FORREST, INC., ET AL. 503 501 Decision 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, Coopchik-Forrest, Inc., a corporation, and its officers, and Robert Coopchik, Alex Coopchik and Milton R. Forrest, 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” and “fur products” are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

A. Falsely or deceptively invoicing fur products by: 1. Representing, directly or by implication, that the respondents’ regular or usual price of any fur product is any amount in excess of the price at which the respondents have usually and customarily sold such product in the recent regular course of business; 2. Representing, directly or by implication, that the regular or usual price of any fur product sold by anyone other than the respondents is any amount in excess of the price at which such other person has usually and customarily sold such product in the recent regular course of business;

B. Falsely or deceptively advertising fur products through the use of any advertisement, representation, public announcement or notice which is intended to aid. promote or assist, directly or indirectly, in the sale, or offering for sale, of fur products, and which: 1. Represents, directly or by implication, that. the respondents’ regular or usual price of any fur product is any amount. in excess of the price at which the respondents have usually and customarily sold such product in the recent regular course of business: Syllabus 56 F.T.C.

9. Represents, directly or by implication, that the regular or usual price of any fur product sold by anyone other than the respondents is any amount in excess of the price at which such other person has usually and customarily sold such product in the recent regular ‘course of business;

3. Sets forth “old prices” or “former prices” without designating the time of such “old prices” or “former prices”; C. Misrepresenting, in any manner, the savings available to purchasers of respondents’ fur products;

D. Making claims or representations in advertisements respecting prices or values of fur products unless respondents maintain full and adequate records disclosing the facts upon which such claims and representations are based.

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 14th day of November, 1959, become the decision of the Commission; and accordingly:

It is ordered, That respondents Coopchik-Forrest, Inc., a corporation, and Robert Coopchik, Alex Coopchik and Milton R. Forrest, individually and as officers 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.