Yarmuth Brothers, Inc.

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In the Marrer or YARMUTH BROTHERS, INC., ET AL.

CONSENT ORDER. ETC.. IN REGARD TO 'THE ALLEGED VIOLATION OF THE PEDERAL TRADE COMALISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7587. Complaint, Sept. 17, 1959—Decision, Dec. 17, 1959 Consent order requiring New York City furriers to cease violating the advertising and invoicing provisions of the Fur Products Laheling Act hv setting out fictitions prices on consignment invoices for fur products: br representing advertised prices as reduced without giving the time of compared higher prices; and by failing to maintain adequate records as a phasis for such pricing claims.

Aly. Frederick: Ue DUS support ng the com pl a int . Respondents. pra se, Jsitian Decistox or Epoarn A. Borru. Hearne Exawixner The Federal Trade Commission issued its complaint against. the above-named respondents on September 17, 1959. charging them with Decision 56 BTC.

having violated the Fur Products Labeling Act and the Rules and Regulations issued thereunder, and the Federal Trade Commission Act, through the misbranding of certain fur products and the false and deceptive invoicing and advertising thereof. After being served with said complaint, respondents appeared and entered into an agreement, dated October 16, 1959, containing a conse and desist purporting to dispose of all of this proceeding as te all parties. Said agreement, which has been signed by respondents and by counsel supporting the complaint, and approved by the Director and Assistant Director of the Commission’s Bureau of Lit! has been submitted to the above-named hearing examiner for his coisideration, in accerdance with Section 8.25 of the Comnission’s Rules of Practice for Adjudicative Proceedings. Respondents, pursuant to the aforesaid agreement, have admitted all the jurisdictional allegations of the complaint aud wereed vial the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations. Said agreement further provides that respondents waive anv further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of Jaw and all of the righis they may have to challenge or contest the validity of the order iu cease and desist entered in accordance with such agreement. Tt has been agreed that the order to cease and de said agreement shall have the same force and effect as if entered after a full hearing and that the complaint may be used in construing the terms of said order. Jt has also been agreed thar the record herein shal! consist solely of the complaint and said agreement. and thar said agreement is for settlement purposes only and does not const!tute an admission by respondents that they have vigiated the hoy as alleged in the complaint.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing consent order. and it appearing that the order provided for in said agreement covers all the allegations of the complaunt and provides for an appropris disposition of this proceeding as to all parties. said agreement is hereby accepted and is ordered filed upon this cecision’s becemince the decision of the Commission pursuant to Sections 3.21 ans of the Commission’s Rules of Practice for Adindicative Proceed and the hearing examiner. aceordingly. makes the following juri dictional findings and order:

1. Respondent Yarmuth Brothers. Inc.. is a corporation exist) and doing business under and by virtue of the Jaws of the State of New York, with its office and principal place of business located at 345 Seventh Avenue, New York, New York.

a PE CTOU, } i i issued dn accordance with YARMUTH BROTHERS, INC., ET AL. 671 674 Decision Individual respondents Murray Yarmuth and Monty Yarmuth are ofticers of said corporation and formulate, direct and control the acts, practices and policies of said corporation. Their office is Jocated at the same address as that of the corporate respondent. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents under the Fur Products Labeling Act and the Federal Trade Commission Act, and this proceeding is in the interest of the public. ORDER /t 7s ordered, That Yarmuth Brothers, Inc., a corporation, and its officers, and Murray Yarmuth and Monty Yarmuth, 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 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.” wand “fur product” ave defined in the Fur Products Labeling Act, do forthwith cease and desist from:

. Falsely or deceptively invoicing fur products by: Representing, chrectly or by implication, on invoices that the former or regular price of any fur product is any amount which is in excess of the price at which respondents have formerly, usually or customarily sold such product in the recent regular course of their business. 2. 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: -\. Represents directly or by implication that the regular or usual price of anv fur products is any amount which is in excess of the price at which respondents have usually and customarily sold such products in the recent reeular course of business. DB. Represents directly or by implication that prices of fur products are reduced from previous higher prices without giving the time of such compared higher prices.

C. Misrepresents in any manner the savings available to purchasers of respondents’ fur products.

5. Making claims and representations respecting prices and values of fur products unless there are maintained by respondents full and ray mi ha 2D Decision 36 F.T.C.

adequate records showing 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 17th day of December, 1959, become the decision of the Commission: and. accordingly:

It zs 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.