Sophia Mandelbaum

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IN THE MATTER OF SOPHIA l\IANDELBA U:M TRADING AS l\IANDELBA TIM'S FURS CONSENT ORDER , ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR I'RODDCTS LABELING ACTS Docket 8331. Complaint, Mar. 1961-Decision, Aug. 1961 Consent order requiring Buffalo, N. , furriers to cease violating the Fur Products Labeling Act by failing to comply with labeling and invoicing requirements.

MAN'DELBA UM' S FURS 193 192 Complaint COMPLAINT Pursuant to the provisions of the Fe~eral 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, an individualhaving reason to believe that Sophia Mandelbaum, trading as Mandelbaum s Furs, hereinafter referred to as respondent, has violated the provisions of said Acts and the Rules and Regulations promulgated under the Fur Products Labeling Act it inand it appearing to the Commission that a proceeding by respect thereof would be in the public. interest, hereby issues its c.complaint stating its charges in that respect as follows: PARAGRAPH 1. Respondent. Sophia :Mandelbaum is an individual trading as Mandelbaum s Furs with her office and principal place of business located at 1418 Hertel Avenue, Buffalo, New York. PAR. 2. Subsequent to the effective date of the Fur Products Labeling Act on August 9, 1952, respondent has been and is now engaged in the introduction into commerce and in the manufacture for introduction into commerce and in the sale, advertising, and offering for sale, in commerce, and in the transportation and distribution, in commerce, of fur products and has manufactured for sale, sold, advertised, offered for sale, transported and distributed fur products which have been made in whole or in part of fur which had been shipped and received in commerce, as the terms commerce, "fur" and "fur product" are defined 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 in the manner anda(2) of the Fur Products Labeling Act and form prescribed by the Rules and Regulations promulgated thereunder.

PAR. 4. Certain of said fur products were misbranded in violathat they were nottion of the Fur Products Labeling Act in labeled in accordance with the R.ules and Regulations promulgated thereunder in the following respects:

(a) Information required under Section 4(2) of the Fur Prod- Regulations promulgated ucts Labeling Act and the Rules and , in viola- thereunder was mingled with non-required information tion of Rule 29 (a) of said Rules and Regulations. (b) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was not set forth in the required sequence, in violation of Rule 30 of said Rules and Regulations. 693-490--u4---- 194 FEDERAL TRADE COl\IMISSION DECISIONS Decision 59 F.

( C) Information required un c1er Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was not . set forth separately on labels with respect to eac.h section of fur products composed of two or more sections containing different animal furs, in violation of Rule 36 of said Rules and Regulations.

(d) Required item numbers were not set forth on hibels, in violation of Rule 40 of said Rules and Regulations. PAR. 5. Certain of said fur products were falsely and deceptively invoiced by respondent in that they were 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. 6. The aforesaid acts and practices of respondent, as herein alleged, are in violation of the Fur Products Lab~ling Act and the ules and Regulations promulgated there.under and c.onstitute unfair and deceptive acts and practices in commerce under the Federal Trade Commission Act.

;111' j1Jichael P. Iiughes for the Comlnission. Silver'be1' g and Sirve1'ber9: Buffalo: N. , by 31')'. iVot7w1/. 8'ilve7'berg~ -for respondent.

INITIAL DECISION BY LEON R. GROSS~ I-IEARING EXAMINER The complaint in this proc.eeding issued l\farch 16, 1961, pursuant to the provisions of the Federal Trade Commission: Act charged the respondent Sophia ~1andelbaum, an individual trading as :Mandelbaum s Furs located at 1418 Hertel Avenue, Buffalo, New York, with violating the Fur Products Labeling Act and the Rules and. RegulatiOlis issued thereunder by misbranding and falsely invoicing their fur products.

l\.Jl agreement dated l\1ay 16, 1961, was presented to the hearing examiner on June 6, 1961, for the purpose of disposing of this proeeeding without a formal hearing pursuant to Rules 3.21 and 3. of this Commission s Rules of Practice for Adjudicative Proceedings. The agreement has been signed by the parties and their coun- Bel, and hns been approved by the Bureau of Litigation of the Federal Trade Commission.

In and by said agreement the parties agree as follows: 1. Responde.nt 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.

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, MANDELBAUM' S FURS 195 192 Findings 2. The agreement disposes of all of this proceediIlg as to all parties.

. 3. Respondent 'waives:

( a) Any further procedural steps before the hearing exanllner and the Commission;

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

4. The record on which the initial decision and the decision of the Commission shall be base.d shall consist solely of the complaint and this agreement.

5. The agreement shall not become a part of the official record unless and until it bec0l11es a part of the decision of the Commission. 6. The agreement is for settlement purposes only and does not constitute an admission by respondent that she has violated the law as alleged in the complaint.

7. The order to cease and desist approved and set forth in said agreement may be entered by the Commission without further notice to the respondent. "\Vhen so entered such order shall have the same force and effect as if entered after a full hearing. The order may be altered, modified or set aside in the same manner provided for other orders. The complaint may be used in construing the terms of the order.

This proceeding ha,;ing now come on for final consideration on the complaint and the aforesaid agreement of :May 16 , 1961 , containing consent order, and it appearing that the order which approved in and by said agreement disposes of all the issues presented by the complaint as to all of the parties involved, said agreement is hereby accepted and approved as complying with Sections 21 and 3.25 of the Commission s Rules of Practice for Adjudicative Proceedings. The undersigned hearing examiner, having considered the agreement and proposed order and being of the opinion that the acceptance thereof will be in the public interest, makes the following findings and issues the following order: FINDINGS 1. The Federal Trade Commission has jurisdiction over the party and the subject matter of this proceeding, and this proceeding is in fhe public interest;

2. Respondent Sophia l\lanc1elbaum is an individual trading as :Manc1elbaum s Furs with her office and principal place of business Ord€r 59 F.

located at 1418 Hertel A venue, in the City of Buffalo, State of New York.

3. Respondent is engaged in commerce as "commerce" is defined in the pertinent statutes which are invoked by the complaint filed herein.

ORDER 1 t i.g ordered That respondent Sophia Mandelbaum, an individual trading as Mandelbaum s Furs, or under any other trade name and respondent's representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, manufacture for introduction into commerce, or the sale, advertising, or offering for sale in commerce, or the transportation or distribution in commerce of fur products, or in connection with the sale, manufacture for 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: 1. IHisbranding fur products by:

A. Failing to affix labels to fur products showing in words and figures plainly legible all 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 mingled with non - required information.

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. D. Failing to set forth separately on labels affixed to fur products composed of two or more sections containing different animal furs the information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder with respect to the fur comprising each section. E. Failing to set forth the item number or mark assigned to a fur product.

2; Falsely or deceptively invoicing fur products by: A. Failing to furnish invoices to purchasers of fur products showing in words and figures plainly legible an the information GRAND HANDKERCffiEF CO. ET AL. 197 192 Complaint required to be disclosed by each of the subsections of Section 5 (b) (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 4th day of August 1961 become the decision of the Commission; and, accordingly :

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