Fur City Associates, Inc.

Text (OCR of the scan at left; may contain errors)

In true Marrer or FUR CITY ASSOCIATES, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7580. Complaint, Sept. 8, 1959—Decision, Mar. 9, 1960 Consent order requiring Pittsburgh furriers to cease violating the Fur Products Labeling Act by removing required labels from fur products prior to ultimate sale; by labeling certain furs with names of animals other than those which produced them and with excessive prices represented thereby as the usual selling prices; by advertising in newspapers which failed to disclose names of animals producing certain furs, or that some products contained artificially colored or cheap or waste fur; and by failing in FUR CITY ASSOCIATES, INC., ET AL. 1037 1086 Decision other respects to comply with labeling, invoicing, and advertising requirements.

Mr. Charles Donelan for the Commission.

Mr. Samuel Krimsly, of Pittsburgh, Pa., for respondents. Initia, Decision spy Harry R. Hinxes, Heartne Examiner The complaint in this matter charges the respondents with violation of the Federal Trade Commission Act and the Fur Products Labeling Act 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. An agreement has now been entered into by respondents and counsel supporting the complaint which provides, among other things, that respondents admit all the jurisdictional facts alleged in the complaint; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and the agreement; that the making of findings of fact and conclusions of law in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in this proceeding without further notice to the respondents and when entered shall have the same force and effect as if entered after a full hearing, respondents specifically waiving all the rights they may have to challenge or contest the validity of the order; that the order may be altered, modified, or set aside in the manner provided for other orders; that the complaint may be used in construing the terms of the order; that the agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the Jaw as alleged in the complaint; and 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. The hearing examiner having considered the agreement and proposed order and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued:

1. Respondent Fur City Associates, Inc., is a corporation existing and-doing business under and by virtue of the laws of the 1038 FEDERAL TRADE. COMMISSION DECISIONS Order 56 F.T.C.

Commonwealth of Pennsylvania, with its office and principal place of business located at 906 Forbes Street, in the City of Pittsburgh, Commonwealth of Pennsylvania.

Individual respondents Sam Simon and Mack Davis are officers of the said corporate respondent and control, direct and formulate the acts, practices, and policies of the said corporate respondent. Their address is the same as that of the said corporate respondent. 2. 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 Fur City Associates, Inc., a corporation, and its officers, and Sam Simon and Mack Davis, 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,” “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. Falsely or deceptively labeling or otherwise identifying any such product as to the name or names of the animal or animals that produced the fur from which such product was manufactured. C. Falsely or deceptively labeling or otherwise identifying such products as to the regular prices thereof by any representation that the regular or usual prices of such products are any amount in excess of the prices at which respondents have usually and customarily sold such products in the recent regular course of business. D. Setting forth on labels affixed to fur products: 1. Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations thereunder mingled with non-required information.

2, Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting.

FUR CITY ASSOCIATES, INC., ET AL. 1039 1036 Decision E. Failing to disclose the names of the pieces of which fur products are composed.

F. Failing to set forth separately on labels attached to fur products composed of two or more sections containing different furs, the information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder with respect to the fur comprising each section. G. Failing to set forth on labels the item number or mark assigned to a fur product.

2. Removing, or causing the removal or participating in the removal of, labels required to be affixed to fur products, prior to the time fur products are sold and delivered to the ultimate purchaser of such products.

3. Falsely or deceptively invoicing fur products by: A. Failing to furnish to purchasers of fur products an invoice showing all the information required to be disclosed by each of the subsections of Section 5(b)(1) of the Fur Products Labeling Act. B. Failing to set forth on invoices the item number or mark assigned to a fur product.

4. 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 products, 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, dved or otherwise artificially colored fur, when such is the fact; (3) That the fur product is composed in whole or in substantial part. of paws, tails, bellies or waste fur, when such is the fact. B. Fails to set forth the information required under Section 5(a) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in type of equal size and conspicuousness and in close proximity with each other.

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 9th day of March, 1960. become the decision of the Commission: and, accordingly:

It is ordered. That the respondents herein shal], within sixty (60) Decision 56 F.T.C.

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.

I~ ree Marrer or