Irving Adelman trading as Irving Adelman

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

IN THE J\:L-\'rrER OF IRVING ADELMAN TRADING AS IRVIXG ADEL1L\N COX SENT ORDER, ETC., IX REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COJDnSSIOX AXD THE ycn PHODr,CTS LABELI G ACTS Docket 8284. Complaint, Feb. 1961-Decision, May, 1961 Consent order requiring a New York City furrier to cease violating the Fur Products Labeling Act by deceptive1;y invoicing fur with respect to the name of the producing animal, and by failing in other respects to comply with invoicing requirements.

\ IRVI G ADELMAN 785 784 Decision COMPLAIKT Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Irving Adelman, an individual trading as Irving .Adelman, hereinafter referred to as respondent, has violated the provisions of said Acts and the Rules and Regulations promulgated under the Fur Products Labeling Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:

PARAGDAl'lI 1. Irving Adelman is an individual trading as Irving Adelman with his offce and principal place of business located at 145 divest 28th Street, Kew York, New York. PAIL 2. Subsequent to the effective date of the Fur Products Labeling Act the respondent has been and is 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 term "commerce" and "fur" are defined in the Fur Products Labeling Act.

P.o\R. g. 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 La,beling Act and in tbe manner and form prescribed by the R.ules 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 or names of the animal or animals that produced the fur in violation of Section 5(b) (2) of the F1l Products Labeling Act. PAR. 5. The aforesaid acts and practices of respondent, as herein a,llegec1, are in violation of the Fur Products Labeling Act and the Rnles and Regulations promulgated thereunder and constitute unfair and deceptive acts and practices in commerce under the Federal Trade Commission Act.

Jh. Ernest D. Oaleland for the Commission. JII'. Ronald Hoff1nan of Xe\\ York, N. , for respondent. IXITL\L DECISlOX BY YJlO?\D .1. LYXCH: IIE.\RIKG EX.'UIIXER Pursua,nt to the provisions of the Federal Trade Commission A. and the Fur Products Labeling Act and the. R.ules and Regulations made pursuant t.hereto, the Federal Trade Commission on February 8, 18GL issued and snbserl11cntly sern c1 its complaint in this procceeling oli2"flinst the nbm- named re,;:pondcJlt. 681-237 --63-- ,, Order Cis 'l'.C. On l\larch 1;'3 , 1961, there ,,-as submitted t.o the undersigned hearing examiner an agreement betTIecn respondent and counsel supporting the complaint providing ior the entry of a consent order. 1Jnder 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 be entered without further notice and have the same force and effect as if entered after a full hearing and the document includes a aiver by the respondent of a1l rights to challenge or contest the validity of the order issuing in accordance therewith.h. The agreement further recites that it is for settlement purposes only and does not constitute an admission by the respondent that he has violated the law as alleged in the complaint, and that the complaint may be llsed in const.ruling the terms of the order. The hearing examiner finds that the content of the agreement meets an 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 a ppropriate 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 offcial 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. Hesponclent Irving Adelman is an individual trading as Irving Adelman with his offce and principal place of business located at 145 ",Yest 28th Street, in the City of Xew York, State of New York. 2. The Federal Trade Commission has jllrisdic60n of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered That. Irving Adelman, an individual trading as Irving Adelman or under any other trade name, and responclents representatives, agents and employees, direct.ly or through any corporate or other device, in connection with the introduction, sale advertising or offering for sale, in commerce, or the transportation 01' distribution in commerce, of fur as "commerce:: and "fur" are -:efinec1 in the Fur Products Labehng Act, do forthwith cease anddesist from: 1. Falsely or deceptively invoicing fur by: A. Failing to furnish to purchasers of fur invoices showing the information required to be disclosed bv each of the subsections of Section 5(b) (1) of thc "B'ur Products iabeling Act. EINBE DER' S INC. ET AL. 787 784 Complaint B. Falsely or deceptively invoicing or otherwise falsely or deccptiveJy identifying fur as to the name or names of the animal or animals that produced the fnr.

DECISION OF THE co::OnSSIQN AXD OHDEH TO FILE HEl ORT OF COllIPLlANCE Pursuant to section 3.21 of the Commission s Rules of Practice, the initial decision of the hearing examiner shall, on the 16th day of May 1961, become the decision of the Commission; and, accordingly: It is ordered That respondent herein 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.