Weinstein Company, Inc.

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In THE Matrer or WEINSTEIN COMPANY, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 75238. Complaint, June 17, 1959—Decision, Nov. 14, 1959 Consent order requiring a San Francisco furrier to cease violating the Fur Products Labeling Act by failing to comply with labeling and invoicing requirements, and by advertising which failed to disclose the names of animals producing certain furs or the country of origin or that fur products contained artificially colored fur, and represented fur products falsely as being from the stock of a liquidated business. Mr, Alvin D. Edelson supporting the complaint. Mr. William K. Coblenta of San Francisco, Calif., for respondents. WEINSTEIN CO., INC., ET AL. 505 504 Decision Inrr1au Deciston sy Joun B. Pornpextrer, HEARING EXAMINER On June 17, 1959, the Federal Trade Commission issued a complaint charging Weinstein Company, Inc., a corporation, Philip Damner and Martin Liebes, individuals trading as Damner Brothers, hereinafter referred to as respondents, with misbranding and falsely and deceptively invoicing and advertising certain of their fur products in violation of the Federal Trade Commission Act and the Fur Products Labeling Act.

After issuance and service of the complaint, the respondents, their counsel, and counsel supporting the complaint entered into an agreement for a consent order. The agreement has been approved by the Director and the Acting Director of the Bureau of Litigation. The agreement disposes of the matters complained about. The pertinent provisions of said agreement are as follows: Respondents admit all jurisdictional facts; the complaint may be used in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the said 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 record herein shall consist solely of the complaint and the agreement; respondents waive the requirement that the decision must contain a statement of findings of fact and conclusions of law; respondents waive further procedural] steps before the hearing examiner and the Commission, and the order may be altered, modified, or set aside in the manner provided by statute for other orders: respondents waive any right to challenge or contest the validity of the order entered in accordance with the agreement and the signing of said 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.

The undersigned hearing examiner having considered the agreement and proposed order and being of the opinion that the acceptance thereof will be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order:

JURISDICTIONAL FINDINGS 1. Respondent Weinstein Company, Inc., is a corporation existing and doing business under and by virtue of the laws of the State of California, with its office and principal place of business located at 1041 Market Street, San Francisco, California. 2. Individual respondents Philip Damner and Martin Liebes are Order 56 F.T.C.

individuals trading as Damner Brothers with their office and principal place of business located at Room 532, 183 Geary Street, San Francisco, California.

8. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents and the proceeding is in the public interest.

ORDER It is ordered, That Weinstein Company, Inc., a corporation, and Philip Damner and Martin Liebes, individuals trading as Damner Brothers, and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the 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, advertising, offering for sale, transportation, or distribution of fur products which are 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:

1. 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 Section 4(2) of the Fur Products Labeling. Act.

B. Setting forth on Jabels affixed to fur products: (1) Information required under Section 4(2) of the Fur Products Labeling Act, and the Rules and Regulations promulgated thereunder in abbreviated form;

(2) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, mingled with non-required information ;

(3) 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 on one side of labels. 2. 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 sub-sections of Section 5(b)(1) of the Fur Products Labeling Act.

NATIONAL MENU CO. 507 504 Syllabus B. 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.

C. Failing to set forth the required item numbers on invoices. 3. 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: A. Fails to disclose:

(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 bleached, dyed or otherwise artificially colored fur, when such is the fact; (3) The name of the country of origin of any imported furs contained in a fur product.

B. Represents directly or by implication that any such products are the stock of a business in a state of liquidation, contrary to fact. 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:

{t is ordered, That the respondents herein 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.