Rosenbaum Company of Pittsburgh

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In Tue Matrer or ROSENBAUM COMPANY OF PITTSBURGH CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7685. Complaint, Dec. 9, 1959—Decision, Apr. 14, 1960 Consent order requiring a Pittsburgh furrier to cease violating the Fur Products Labeling Act by mutilating labels on fur products prior to ultimate sale and delivery; by setting forth on invoices and in advertising the name of another animal than that producing the fur; by advertising in newspapers which failed to disclose the names of animals producing certain furs or the country of origin or that furs were artificially colored; and by failing in other respects to comply with labeling and invoicing requirements. :

Mr. Charles W. O’Connell for the Commission. Mr. James G. Park of Buchanan, Ingersoll, Rodewald, Kyle and Berger, of Pittsburgh, Pa., for respondent. InrriaL Decision py Harry R. Hinxes, Heartng Examiner _ The complaint in this matter charges the respondent with violation of the Federal Trade Commission Act and the Fur Products Labeling Act in connection with the sale, advertising and distribution in commerce of fur products.

An agreement has now been entered into by respondent and ROSENBAUM CO. OF PITTSBURGH 1247 1246 Order counsel supporting the complaint which provides, among other things, that respondent. admits all the jurisdictional facts alleged in the complaint; that the record on which the initial decision and the decision of the Commission shal] 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 respondent and when entered shall have the same force and effect as if entered after a full hearing, respondent specifically waiving all the rights it 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 respondent that it has violated the law 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 Rosenbaum Company of Pittsburgh, is a corporation, organized, existing and doing business under and by virtue of the laws of the State of Pennsylvania with its office and principal place of business located at Penn Avenue and 6th Street, in the City of Pittsburgh, State of Pennsylvania. It does business under the name of Rosenbaum’s.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the resopndent, and the proceeding is in the public interest.

ORDER It is ordered, That respondent Rosenbaum Company of Pittsburgh, a corporation, and its officers, 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 any fur product, or in connection with the sale, advertising, offering for sale, transportation, or distribution of any 1248 FEDERAL TRADE COMMISSION DECISIONS: Order 56 F.T.C.

fur product which is 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. Mutilating, or causing the mutilation or participation in the mutilation 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.

2. 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. Setting forth on labels affixed to fur. products information required under Section 4(2) of the Fur Products Labeling Act. and the Rules and Regulations promulgated thereunder: (1) Mingled with non-required information (2) In handwriting C. Failing to set forth the information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in the required sequence. 3. Falsely or deceptively invoicing fur products by: A. Failing to furnish the 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. Falsely or deceptively invoicing or otherwise identifying any such products as to the name or names of the animal or animals that produced the fur from which such products were manufactured. C. Setting forth information required under Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form. D. Failing to set forth the item number or mark assigned to a fur product.

4. Falsely or deceptive 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, im 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 contains or is composed of bleached, MILLER LABORATORIES, ETC. 1249 1246 Decision 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. Sets forth the name or names of any animal or animals other than the name or names specified in Section 5(a) (1) of the Fur Products Labeling Act.

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 14th day of April, 1960, become the decision of the Commission; and, accordingly :

It is ordered, That respondent herein shall, within sixty ( 60) days after service upon it of this order, file with the Commission a report. in writing setting forth in detail the manner and form in which it has complied with the order to cease and desist.