Rk. H. Ozan trading as Ozan'S Furs

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

In rue Marrer or Rk. H. OZAN TRADING AS OZAN’S FURS CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7661. Complaint, Nov. 24, 1959—Decision, Apr. 18, 1960 Consent order requiring a Reading, Pa., furrier to comply with the labeling and invoicing requirements of the Fur Products Labeling Act. Mr. Charles W. O’Conneli for the Commission. Mr. Emanuel Weiss, of Reading, Pa., for respondent. Intra, Decision By Loren H. Laven, Hearing Examiner The Federal] ‘Trade Commission (sometimes also hereinafter referred to as the Commission) on November 24, 1959, issued its complaint herein, charging the respondent with having violated the provisions of both the Federal Trade Commission Act and the Fur Products Labeling Act, together with the Rules and Regulations promulgated thereunder, and the respondent was duly served with process.

On February 12, 1960, there was submitted to the undersigned hearing examiner of the Commission for his consideration and ap- 1226 FEDERAL TRADE COMMISSION DECISIONS: Decision 56 F.T.C.

proval an “Agreement Containing Consent Order To Cease And Desist,” which had been entered into by and between respondent and the attorneys for both parties, under date of February 6, 1960, subject to the approval of the Bureau of Litigation of the Commission, which had subsequently duly approved the same. On due consideration of such agreement, the hearing examiner finds that said agreement, both in form and in content, is in accord with §3.25 of the Commission’s Rules of Practice for Adjudicative Proceedings, and that by said agreement the parties have specifically agreed to the following matters: 1. The respondent is R. H. Ozan, an individual trading as Ozan’s Furs, with his principal office and place of business located at 643 Penn Street, in the City of Reading, State of Pennsylvania. 2. Respondent admits all the jurisdictional facts alleged in the complaint and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations.

3. This agreement disposes of all of this proceeding as to all parties.

4. Respondent waives:

a. Any further procedural steps before the hearing examiner and the Commission ;

b. The making of findings of fact or conclusions of law; and c. All of the rights he may have to challenge or contest the validity of the order to cease and desist entered in accordance with this agreement.

5. The record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement.

6. This agreement shall not become a part. of the official record unless and until it becomes a part of the decision of the Commission.

7. This agreement is for settlement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint.

8. The following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondent. When so entered it shal] have the same force and effect as if entered after a full hearing. It may be altered, modified or set aside in the manner provided for other orders. The complaint may be used in construing the terms of the order. 9. Upon due consideration of the complaint filed herein and the said “Agreement Containing Consent Order To Cease And Desist,” OZAN’S FURS 1227 1225 Order the latter is hereby approved, accepted and ordered filed, the same not to become a part of the record herein, however, unless and until it becomes part of the decision of the Commission. The hearing examiner finds from the complaint and the said “Agreement Containing Consent Order To Cease And Desist” that the Commission has jurisdiction of the subject matter of this proceeding and of the respondent herein; that the complaint states a legal cause for complaint under the Federal Trade Commission Act and the Fur Products Labeling Act and the Rules and Regulations promulgated by the Commission under the latter Act, against the respondent both generally and in each of the particulars alleged therein; that this proceeding is in the interest of the public; that the following order as proposed in said agreement is appropriate for the just disposition of all of the issues in this proceeding as to all of the parties hereto; and that said order therefore should be, and hereby is, entered as follows:

ORDER It is ordered, That R. H. Ozan, an individual trading as Ozan’s Furs, or under any other name, and respondent’s 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 product” are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

A. Misbranding fur products by:

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

2, Setting forth on labels affixed to fur products information required under §4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder:

(a) In abbreviated form;

(b) Mingled with non-required information ; (c) In handwriting;

8. Failing to set forth on labels the item number or mark assigned to a fur product.

599869—62 1228 FEDERAL TRADE COMMISSION DECISIONS. Complaint 56 F.T.C.

B. Falsely or deceptively invoicing fur products by: 1. 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 §5(b) (1) of the Fur Products Labeling Act; 2. Setting forth required information in abbreviated form; 3. Failing to set forth the term “Dyed Broadtail-processed Lamb” as required ;

4, Failing to set forth the item number or mark assigned to a fur product.

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 13th day of April, 1960, become the decision of the Commission; and, accordingly :

It ts ordered, That respondent R. WH. Ozan, an individual trading as Ozan’s Furs, shall, within sixty (60) days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with the order to cease and desist.