Jacob Kasteuiax

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IN THE )JXl'TER OF JACOB KASTEUIAX CONSBXT ORDER, ETC. , IN REGARD TO THE ALLEGED VJQLATIOX OF Tln: 1"'DERAL TRADE COl\DIISSION AND THE FUR PRODUCTS LABELING ACTS Docket 8267. ComplCLint, Dec. SO, 1960-Deciion, Mav 4. 1961 Consent order requiring a New York City furrier to cease violating the Fur Products Labeling Act by invoicing fur products falsely with respect to the name of the animal producing the fur; by failng to set forth on invoices the term "secondhand used fur" where required; and by failng in other respects to comply with labeling and invoicing requirements. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act a.nd the Fur Products Labeling Act. and by virtue of the authority vested in it by said Acts, the Federfll Trade Commission, having reason to belie\ e that Jacob Kflst.e.lman, an individual, hereinafter referred to as respondent, has violated the provisions of said Acts and the Rules and Hegulations promulgated under the Fur Products Labeling Act and it. appearing t.o the Commission t.hat a proceeding by it in respect the.reof \'\onld he in the public interest, hereby issues its complaint shting its charges in that respect as follows: PARAGK\PH 1. Jacob K_astelman is an individual with his offce and principal place of business located at 151 ,Vest 28th Street, New York, New York.

\TI. 2. Subf-cqnent to j-he dff'ctive date of the Fur Products Labeling .Act on -, llgnst. 9 , 1052, respondent. hns been and is now e.ngaged jn the introclnction into commerce and in the sale. advertising, fmd offering for sale, in commerce, and ill the transportation , JACOB KASTELMAN 695 094 Complaint and distribution, in commerce of fur products; and has sold: ac1vertise, , offered for sale, transporteel and distributed fur products which have been made in whole or in part of fur which has been shipped and received in commerce, and has been introduced into commerce, sold, advertised, offered for sale, transported and delivered, in commerce, as the terms "commerce fur" and " fur producc are definccl in the Fur Products Labeling Act. PAR. 3. Certain of said fur products were misbranded in that they were not labeled as required under the provisions of Section 4 (2) of the Fur Products Labeling Act and in the mallner and lorm prescribed by the Rules and Heglllatiolls promulgated thereunder. PAn. 4. Certain of said furs and fur products were falsely and deceptively invoiced by respondent in that such rurs and fur products were not invoiced as required by Section 5(b) (1) of the Fur Products Labeling Act, and in the ma,nner and rorm prescribed by the Rules and Regulations promulgated thereunder; PAR. 5. Certain or said :rurs and fur products were r L1sely and deceptively invoiced or other-wise falsely and deceptively identiiied with respect to the name or names or t.he animal or animals that produced the fur in violation of Section 5(b) (2) of the Fur Products Labeling Act.

PAIL 6. Certain or said furs and fur products were falsely and deceptively invoiced in violation of the Fur Products Labeling Act in t.hat they were not invoiced in accordance with the Rules and Hegulations promulgated thereunder in that inrormation required under Section 5 (b) (1) of the Fur Products Labeling: Act and the Rules and Regulations promulgated thereunder was set forth in abbreviated form in violation or Rule 4 or said Rules and Regulations. Pi\., 7. Certain or sa.id Iur products were falsely and deceptively invoiced in violation or the Fur Products Labeling Act in that they were not invoiced in accordance with the Hules and Regulations promulgated thereunder in the following respects: , was (a) The disclosure "secondhand used fur" where required llot set forth on inn)ices, in violation of Rl1Jes 21 and 23 of sai(l Rules and Itegulations.

(b) Required item numbers were not set forth on invoices, in vio- Jation of Rule 40 of sa.id R.uses and Regulations, PAR 8. The aforesa.id acts and practices of respondent as herein .neae,,),b, are in violation of the Fur Products Labeling: Act and the Rules and Regulations promulgnJed thereunder and constitute unfair and deceptive acts Rnd practjces in commerce under the Federal Trade Commission Act.

696 FEDERAL TRADE C01\:LHSSION DECISIONS Order 58 F, 3f1'. Llb chael P. Ii1lghes for the Commission. Jir. llenry Path' of New Y ark . Y., for respondent. I::-HT'IAL DECISION BY RAY:\IOND.J. LYNCH , HEARING EXA:UIX:ER PUrSllllt to t.he provisions of the cderal Trade Commi.ssioll Act and the Fur Products Labeling Act and the Hules and RChTulations made pursuant thereto, the Federal 'J'trade Commission on Dcccrnber , 1960, issnecl and suhseqllenL1y served its complaint in this proceeding against the abo\- lHlmec1 respondent. On February 24, la61 , ih81'8 was submitted to the undersigned hearing examiner an agreement bet"\veen responclcnt and counsel supporting the complaint providing for the entry of a consent order. l7nder the foregoing agreement, the respondent admits the jurisdictional facts alleged in the complaint. The parties agree, among other things, that the cease and desist. order there set forth may entered without furt.her notice and have the same foree and effect as if entered after a full hearing and the document includes a waiver by the respondent of all rights to challenge or contest the validity of the order issuing in accordance therewith. The agreement further recites t.hat it is for settlement purposes only and does not COIlstitute an admission by the respondent that he has violated the law as alleged in the complaint, and that. the complaint may be used in construing the terms of the order.

The hearing examiner finds that the content of the agreement meets all of the requirements of section 3.25 (h) of the H.uses of the Commission.

The hearing examiner having considered the agreement and proposed order, and being of the opinion t.hat they provide an appropriate basis for settlement and disposition of this proceeding, the agreement is hereby accepted, and it is onlered that sa.id agreement shall not become a part of the offcial record unless and until it becomes a part of the decision of the Commission. The Iol1owing jurisdictional findings are made and the following order issued. 1. J aeob KasteJman is an individual -with his offce and principal place of business located at 151 \Vest 28th Street, ).ew York, New York.

2. The. Federal Trade Commission has jllri diction of t.he subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is o/'dered That tTaeab Kast.elmnn an inclivi(lual trading 05 Jacob Kastelmfln. or under any otl1cr trade nalne, and responc1en1" \\ , J ACQB KASTEL:vrAN 697 694 Decision representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction into commerce, or the sa.Ie, advertising, or offering for sale in commerce or the transportation or distribution in commerce, of any fur product, or in connection with the sale, advertising, advertising for sale transportation or distribution of any fur product which is made in whole or in part of fur which has been shipped and re.cei,-ed in commerce, or the introduction into commerce, the sale, advertising or offering for sale .in commerce, or the transportation or distribu tion in commerce of fur as: collmerce fur" and " fur proclue(' are defined in the Fur Products Labeling Act, do fortlnvith cease and desist from:

A. :'Iisbranding fur products by:

1. Failing to affx labels to fur products showing in words and tig11res plainly legible all the information required to be disclosed by each of the subsections of '1(2) of the Fur Products Labeling Act. B, Fa.1scly or deceptively invoicing furs or fur product.s by: 1. Failing to furnish to purchasers of furs or fur products invoices showing all the information required to be disclosed by each of the subsections of section 5(b) (1) of the Fur Products Labeling Act.

2. Falsely or deceptively invoicing or otherwise falsely or deceptively identifying furs or fur products as to the name or names of the animal or animals that produced the fur. 3. Setting forth information required under section 5(b) (1) of the Fur .Products Labeling Act and the Rules and Hegulations promulgated thereunder in abbre\'ia1:ecl form. C. Falsely or deceptively invoicing fur products by: 1. Failing to disclose that. fur products contain or a.re composed of secondhand used fur whom such is the fact. 2. Failing to set forth the item numlwr or mark assigned to a fur product.

DECISION OF THE CO:r:MISSION AXD ORDER TO FIL REPORT OF COMPLIANCE Pursuant to section 3.21 of the Commission s Hules of Practice, the initial decision of the hearing ex:nniner shall, on the 4th day of I\Iay D61 become the decision of the Commission; Gnd, accordingly: Itis onle'' That respondent herein shan, within sixty (60) days after service upon hirn of this order, file with the Commission a. report in writing setting forth in detail the manner and form in which he 11:18 complied ,\"ith the order to cease and desist. 698 FEDERAL TRADE CQ:1DlISSIOK DECISIONS Complaint 38