Interseas Fur trading, Inc., et al.

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in which the ' have complied "ith the order to cease and desist. Ix THE J:, TTEH OF ISTERSEAS FUR TRAIJIXG, IKC., ET AL.

CONSE);T ORDER , ETC.. I:\ l\.EGARD TO TUE 1\ALLEGED VIOL.\TION OF 'THE PEOD"'L CTS LADELIXG ACT FEm \L TR.ADE C(ODIISSlOX AXD THE rrn Docket 8247. Compla.int, Dec. 1960-Decision, May 1961 Consent order requiring l\ ew York City furriers to cease violating the Fur Products Labeling Act by naming the United States falsely on invoices as the country of origin of imported fms, and by failng in other respects to comply with invoicing requirements.

778 FEDERAL TRADE co:vrMISSIOK DECISIONS Complaint 58 F.

COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Itur Products Labeling J'.ct, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that lutcrseas Fur Trading, Inc. , a corporation, and 1\lax Cohen, individually and as an offcer or sflid corporation, hereinafter rererreel to as respondents, have violated the provisions of said Acts and the Rules and Regulations promulga,ted under the Fur Products Labeling Act, and it tppeaTing to the Commission that a proceeding by it in respect thereor would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Interseas Fur Trading, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York with its offce and principal place of hnsiness located at 208 'Vest 30th Street, New York. Max Cohen is president of the said corporate respondent and controls, directs and formulates the ads, practices and policies of the said corporate respondent. His offce and principal place of business is the same as that of the said corporate respondent. PAR. 2. Subseqnent to the effective date of the Fur Products Labeling Act on August 9 , 1952, respondents have been and are now engaged in the introduction into commerce and in the sale advertising, offering for sale, in commerce, and in the transportation and distribution in commerce of fur, as the terms "commerce and "fur" are defined in the Fur Products LabeJillg Act. PAR. 3. Certain of said fur was falsely and deceptively invoiced in that such fur was not invoiced as required by Section 5(b) (1) of the Fur Products Labeling Act and in the manner and form prescribed by the Rules and Regulations promulgated thereunder. PAR. 4. Certain of said fur was falsely and deceptively invoiced or otherwise falsely or deceptively identified with respect to the name of the country of origin of imported fur in violation of Section 5(h) (2) of the Fur Products Labeling Act in that the country of origin was disclosed on sllch invoices as the -United States when in fact such fur was imported.

PAR. 5. The aforesa.-id acts and practices of respondents as herein alleged, are in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder and constitute unfair and deceptive acts and practices in commerce under the Federal Trade Commission Act.

&) I:\TERSEAS Fer TRADING , IKC. , ET AL. 779 777 Decision Mr. Charles S. Corn supporting the complaint. Olman Adler Kew York, N. , for respondents. INITIAL DECISION BY JOHN LE\VIS, HEARING EXAMINER The Federal Trade Commission issued its complaint aga,inst the above-named respondents on December 28, 1960, charging them with having violated the Fur Products Labeling Act and the Rules and Regulations issued thereunder, and the Federal Trade Commission Act, through the false and deceptive invoicing of certain fur products. After being served with said complaint, respondents appeared by counsel and thcreafter entered into an agreement, dated March 3 1961, containing a consent order to cease and desist purporting to dispose of a11 of this proceeding as to a11 parties. Said agreement which has been signed by a11 respondents, by counsel for said respondents, and by counsel supporting t11e complaint, and approved by the Director, Associate Director, and Assistant Director of the Commission s Bureau of Litigation, has been submitted to the abovenamed heating examiner for his consideration, in accordance with Section 3.25 of the Commission s Rules of Practice for Adjudicative Proceedings.

Hespondents, pursuant to the aforesaid agreements, have admitted a11 the jurisdictional allegations of the complaint and agreed that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations. Said agreement further provides that respondents waive (1,n)' further procedural steps before the hearing examiner and the Commission, the making of findings of fact or concJlIsions of Jaw and a11 of the rights they may have to challenge or contest the validity of the order to cea.se and desist entered in accordance with such agreement. It has been agreed that the order to cease and desist issued in accordance with said agreement shall have the same force and effect as if entered after a full hearing and that the complaint may be used in construing the terms of said order. It has also been agreed that the record herein shall consist solely of the complaint and said agreement and that said agreement is for settlement purposes only and docs not constitute an admission by respondents that they have violaled the law as alleged in the complaint. This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing consent order, and it appearing that the order provided for in said agreement covers a11 of the allegations or the complaint and provides for an appropriate disposition of this proceeding as to a11 parties Decision 58 F.

said agreement is hereby accepted and is ordered filed upon this decision s becoming the decision of the Commission pursuant to Sections 3.21 and 3.25 of the Commission s Rules of Practice for Adjudicative Proceedings, and the hearing examiner, accordingly, makes the following jurisdictjonal findings and order: , is a corporation ex- 1. Respondent Interseas Fur Trading, Inc. isting and doing business under and by virtue of the laws of the State of New York, with its offce and principal place of business located at 208 West 30th Street, in the City of New York, State of New York.

Max Cohen is president of said corporate respondent. His address is the same as that of the corporate respondent. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents under thc Fur Products Labeling Act and the Federal Trade Commission Act, and this proceeding is in the interest of the public. ORDER 1 t '2B ordered That Interseas Fur Trading, Inc., a corporation offcer ofand its offcers, and lax Cohen, inc1ivic1ually and as an said corporation, and respondents' representatives, agents and emin con-ployees, directly or through any corporate. or other device, nection with the introduction, sale, advertising or offering for sale in commerce, or the transportation or distribution in C011merce or fur as "commerce:' and "fur arc defined in the Fur Products Labeling Act do forthwith cease and desist from: 1. Falsely or deceptively invoicing furs by: A. Failing to furnish to purchasers of fur, invoices showing all the information requil'ecl to be disclosed by eneh of the subsections of Section 5 (b) (1) of the Fur Products Labeling Act. B. Setting out on invoices that furs of foreign origin are domestic. DI:CISlOX OF THE CDl'nnSSIQX AKD OT',DEH TO FILE HEPOTIT OF COMPLIA:KC Pursuant to Section 3.21 of the Commission s H,uses of Practice. the initial decision of the hearing pX tmiJlel' 811all, on the IGlh da:y of J\fay lOCH, become the (leci8ion of the Commission; and, accordingly: It is ordered That the respondents herein s11flll 1Within 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. DOFAN HANDBAG CO. , INC. , ET' AL. 781 781 Complaint