Abe Dworkin
Volume 56 · 56 F.T.C. 890
deceptive advertisingproduct labelingpricing comparisons
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Abe Dworkin, 56 F.T.C. 890 (1960). Consumer Law Library, https://consumerlawlibrary.org/decisions/v056-0180
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Ix True Marrer or ABE DWORKIN ET AL. TRADING AS AYE DEE WHOLESALE FUR Coo.
CONSENT ORDER. Ere... IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7553. Complaint, Julu 24, 1959—Decision, Fev. 12, 1960 Consent order requiring Philadelphia furriers to cease violating the Fur Predvets Labeling Act by advertising which failed to disclose the names of animals producing certain furs. the country of origin of imported furs, or the tact that soine fur products contained artificially colored fur. and which represented prices of fur products falsely as “wholesale’; by representing fulsely by their trade nate that they were wholesalers > and by failing to keep adequate records as a basis for pricing claims. Vr. Charles W. OO Connel. for the Commission. Vr. Maurice Pollon. of Philadelphia, Pa., for respondents. AYE DEE WHOLESALE FUR CO. 891 880 Order Inirtat Decision py Water R. Jounson, Heantne Examiner In the complaint dated July 24, 1959, the respondents are charged with violating the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act and the Rules and Regulations made pursuant thereto.
On December 7, 1959, the respondents and their attorney entered Into an agreement with counsel in support of the complaint for a consent. order.
Under the foregoing agreement, the respondents admit the jurisdictional facts alleged in the complaint. The parties agree, among other things. that the cease and desist order there set forth may be entered without further notice and have the same force and effect as if entered after a full hearing and the document includes a waiver by the respondents of all rights to challenge or contest the validity of the order issuing in accordance therewith. The agreement further recites that it is for settlement purposes only and does not constitute an admission by the respondents that they have violated the Jaw ag alleged in the complaint. The hearing examiner finds that the content of the agreement meets all of the requirements of Section 3.24(b) of the Rules of the Commission.
The hearing examiner being of the opinion that the agreement and the proposed order provide an appropriate basis for disposition of this proceeding as to all of the parties. the agreement is hereby accepted and it is ordered that the 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 following jurisdictional findings are made and the following order issued. 1. Respondents are Abe Dworkin, Adolf Dworkin and Leon Dworkin. individuals and copartners trading as Aye Dee Wholesale Fur Co. with their principal office and place of business located at 1220 Walnut Street in the City of Philadelphia, State of Pennsylyania, 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceedjne is in the public interest.
ORDER Tt is ordered. That respondents Abe Dworkin, Adolph Dworkin and Leon Dworkin, individually and as copartners trading as Aye Dee Wholesale Fur Co.. or under any other name, and respondents’ representatives, agents and emplovees. directly or through any corporate or other device. in connection with the introduction, or FHOOSGO— G2—--—5S §92 FEDERAL TRADE COMMISSION DECISIONS Decision 56 FVT.C.
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 product” are defined in the Fur Products Labeling Act do forthwith cease and desist from:
1. 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 Regulation;
(2) That the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur, when such is the fact; (8) The name of the country of origin of any imported furs contained in a fur product.
B. Represents directly or by implication that the prices of fur products are “wholesale prices” when such is not the fact. ©. Misrepresents in any manner the savings available to purchasers of respondents’ fur products.
D. Represents through the use of the trade name Ave Dee Wholesale Fur Co. or in anv other manner, that respondents are wholesalers of fur products, when such is not. the fact. 2. Making claims and representations respecting prices and 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 12th day of February, 1960, become the decision of the Commission; and, accordingly :
Tt 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 m detail the manner and form in which they have complied with the order to cease and desist.
LOUIS PERLOFF 893 Decision