Irving C. Katz Co., Inc.

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hieh they have complied with the order to cease find desist. Ix 'II-IE ~Lo\TTEn OF IRVING C. I\:ATZ CO., INC., ET AL.

CONSENT ORDER, ETC., IN rillGARD TO THE ALLEGED VIOLATION OF THE FED- ER,\L TRADE CO~DIISSION AND THE FUR Products LABELING ACTS Docket 8416. Complaint, June 1, 1961-Decision, Sept. 21 1961 Consent order requiring Kew York City furriers to cease violating the Fur Products Labelillg Act by failing to dlsdose on labels and invoices that the fur , IRVIXG C. KATZ CO. , I~C. , ET AL. 565 564 Complaint in fur products was dyed and to show the country of origin of imported furs, and by stating falsely on invoices that they bad a continuing guarantee on file with the Commission.

CO)IPLAINT Pursuant to the provisions of the Federal Trade Comlnissioll 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 th;lt Irving C. I\:ntz Co., Inc., a corporation, and Irving Katz nncl ~Ion'is Kf1tz, individunlly and as office.ers of said c.orporation hereinafter referred to ns respondents, have violated the provisions of said ~\.c.ts and the H,ules nnd Regulations promulgnted under the Fur Products LnbeJing Act, nnd it nppenring to the Commission that a proceeding by it. in respect thereof ,,-mud be in the public interest, hereby is~mes its complaint stating its c.charges in that respect as follows: PAR...\GRAPH 1. Respondent Irving C. Katz Co., Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the Stn te of New Yor1\: with its oflice and principal place of business located nt 150 "'\Vest 30th Street, New York, New York. Individual respondents Irving C. Katz nnd :Morris I\:atz are officers of the said corporate respondent and control, direct and formulate the acts, practices and policies of the said corporate respondent. Their office and principal place of business is the same as that of the said corporate respondent.

PAR. 2. Subsequent to the effective ante of the Fur Products Labeling Act on August 9 , 1952, respondents have been and are now engnged in the introduction into commerce, nnd 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 have mnllufactured for sale, sold, advertised, of Ie red 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, ns 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 f1S required under the provisions of Section 4 (2) of the Fur Products Labeling Act nnd in the manner and form prescribecl by the. Rules nnd Regulations promulgated thereunder. Among such mid)l'fmdec1 fur products, but not limited thereto, were fur )wuducL:; \yitlJ JnbeL \,11ie11 fnilec1 : (1) to disclose that the fnr contained in the fur p:'.'oducts was dyed; (:2) to 8hm\' the country of Ol"igin or imported furs used in the fur products.

Decision 59 F:r.

PAR. 4. Certain of said fur products were falsely and deceptively invoiced by respondents 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 R.egulations promulgated thereunder. Among sllc.h falsely and deceptively invoiced fur products, but. not. limiteel thereto, \were. invoices pertaining to such fur products which.h failed:

(1) to disclose that. the fur contained in the fur products wns dyed; (2) to show the country of origin of imported furs used in the fur products.

PAR. ;) Certain of said fur prodnc.ts \were falsely and deceptively invoiced in violation of Section 5 (b) (2) of the Fur Products Labeling Act in that such invoices c.ontnined statements to the effect that the respondents had a conhnuing gunl'nntee on file \with the Fec1eTnl Tra(le Commission, when such ,yas not the fact. PAR. G, The aforesajd acts and practices of respondents, as herein alleged, nre in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder and constitute unfair and deceptive acts and practic.es in eommeree under the Federal Llfl, le Commission Act..

11/1' Robeort lV. Lorwthia.n for the. Commission. lib' . Charles Goldberg, of Ne\y York, N. , for respondents. INITIAL DECISION BY "\VILLTAi\I L. PACK HK\HJNG EXA::\fIXER The. eomplnint in this matter charges the respondents with certain violations of the. Fur Products Labeling Act and the Rules a,nd Regulations promulgated thereunder, and the Federal Trnc1e Commission Act.. An agreement. hns now been entered into by respondents and counsel sl!pporting the c.complaint ,,"which provides, among other things that respondents ndmit nn of the jurisdictional nllegations in the complaint; that the record on which the initial decision and the decision of the Commission shn.ll be based shall consist. solely of the COl11plnint nnd agreement; that the inclusion of findings of fact and conclusions of law in the decision disposing of this matter is '\\-waived together with nny further procedural steps before, the hearing exn111iller and the. Commission: that the order hereinafter set forth mav entered.d in disposition of the proceeding, SUc11 order to hate the. same force and effect ns if entered after a. fnn hearing, respondents specifically '\yniving any and all rights to challenge or contest the validity of such order; that the order mny be altered, modified, or set aside in the 111fLnneT provided for other orders of the Commission; that the complaint. mny be used in construing the. terms of the order; and that IRVING C. KATZ CO. , INC. , ET AL. 567 564 Order the agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.

The hearing examiner having considered the agreement find 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. Inting C. I\::atz Co., Inc., is anew York corporation, with its office and principal place of business located at 150 \V est 30th Street New York, New York. Individual respondents Irving C. I\:atz and j)'iorris Katz are officers of the said corporation. They formubte direct and control the practices of the corporate respondent. Their 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, and the proceeding is in the public interest.

ORDER 1 t is O?yle?' That Irving C. E:atz Co., Inc., a corporation, and Irving C. Katz and j)iorris I(atz, individually and n.s officers of said corporation, and respondents' representatives, agents and employees directly or through any corporate or otller device, in connection with the introduction, manufacture for introduction, 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 distribu. tion of fur products which hn.ve been made in whole or in part of fur which has been shipped and received in commerce, as "commerce fur" and "fur product' nre. defined in the Fur Products Labeling .Act do forthwith cease and desist from:

1. ~lisbranding fur products by:

A. Failing to affix labels to fur products showing in words and figures plainly legible all the informn.tion required to be disclosed by each of the subsections of Section 4 (2) of the Fur Products Labeling Act.

2. Falsely or deceptively invoicing fur products by: A. Failing to furnish invoices to purc11asers of fur products show. ing in words and figures plainly legible 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 jnvoicing fur proclncts by representing directly or by implicatjon that respondents have a continuing guaran- Complaint 59 F.

tee on file with the Federal Trade CO111111issioll ,yhen such is not the fact.

DECISION OF TI-IE COl\Il\IISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice, published ~fay 6, 1955, as amended, the initial decision of the hearing examiner shah, on the 21st day of September 1961, become the decision of the Commission; and, accordingly:

It is o1'de1' That the respondents herein shall, within 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 compiled with the order to cease and desist.