Pearl-Martin Co., Inc.

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

Ix rue Marrer or PEARL-MARTIN CO., INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7581. Complaint, July 18, 1959—Decision, Mar. 16, 1960 Consent order requiring New York City furriers to cease violating the Fur Products Labeling Act by advertising in newspapers which failed to disclose the names of animals producing certain furs or that certain prod- PEARL-MARTIN CO., INC., ET AL. 1067 1066 Decision ucts were composed of used or artificially colored fur, and to set forth the term “secondhand used fur” where required; and by failing in other respects to comply with advertising and invoicing requirements. Mr. Charles W. O’Connell supporting the complaint. Respondents, pro se.

InirraL Decision By Epwarp Cree., Heartnc Examiner The Federal Trade Commission issued its complaint against the above-named respondents on September 30, 1959 charging them with having violated the Fur Products Labeling Act, the rules and regulations issued thereunder and the Federal Trade Commission Act by falsely and deceptively invoicing and advertising certain of their fur products.

On November 4, 1959 there was submitted to the undersigned hearing examiner an agreement between respondents and counsel supporting the complaint providing for the entry of 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 law as alleged in the complaint.

The hearing examiner finds that the content of the agreement meets all of the requirements of Section 3.25(b) of the Rules of the Commission.

The hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for settlement and disposition of this proceeding, the agreement is hereby accepted, and it is ordered that said agreement shall not become a part of the official record 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 Pearl-Martin Co. Inc. is a corporation existing 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 2848 West 30th Street, Brooklyn, New York, which is the residence address of Murray Perlmutter.

599869—62—— 69 Order 56 F.T.C.

2. Respondents Murray Perlmutter and Martin Scharfman are officers of the corporate respondent and their offices are located at 2848 West 30th Street, Brooklyn, New York, and 890 West Beech Street, Long Beach, New York, respectively. 3. 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 ft 7s ordered, That Pearl-Martin Co., Inc., a corporation, and its oflicers, and Murray Perlmutter and Martin Scharfman, 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, offering for sale, 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 preduct” are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

1. Falsely and 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 subsections of Section 5(b) (1) of the Fur Products Labeling Act.

B. Failing to furnish invoices to purchasers of fur products showing the item number or mark assigned to a fur product. 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: 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 is composed of used fur, when such is the fact;

(8) That the fur product contains or is composed of bleached, dyed, or otherwise artificially colored fur, when such is the fact. B. Fails to disclose that fur products contain or are composed of “secondhand used fur,” when such is the fact . MIDLAND AFFILIATED BUSINESS SALES & SERVICES, INC., ETAL. 1069 1066 Decision C. 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 exmainer shall on the 16th day of March, 1960, become the decision of the Commission; and, accordingly :

It is ordered, That 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.