The Sample, Inc.

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

In the Matrer or THE SAMPLE, INC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket C-7. Complaint, Oct. 28, 1961—Decision, Oct. 23, 1961 Consent order requiring Buffalo, N.Y., furriers to cease violating the Fur Products Labeling Act by failing to disclose on fur products labels when fur was dyed, the manufacturer or seller, and the country of origin of imported furs; failing to disclose in newspaper advertising the names of animals producing the fur in fur products, and when fur was artificially colored; and failing in other respects to comply with labeling and invoicing requirements.

Complaint 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 The Sample, Inc., a corporation, 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 Complaint 59 F.T.C.

in respect thereof would be in the public interest,-hereby issues its complaint stating its charges in that respect as follows: Parscrapu 1. The Sample, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York with its office and principal place of business located at 1631 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 sale, advertising, and offering for sale, in commerce, and in the transportation and distribution, in commerce, of fur products; and has sold, advertised, offered for sale, transported and distributed fur products which have been made im 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. Pan. 8. 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 manner.and form prescribed by the Rules and Regulations promulgated thereunder. Among such misbranded fur products but not limited thereto were fur products with labels which failed :

1. To disclose that the fur contained in the fur products was dyed when. such the fact.

2. To show the name or other identification issued and registered by the Commission, of one or more of the persons who manufactured such fur product for introduction into commerce, introduced it into commerce, sold it in commerce, advertised or offered it for sale in commerce, or transported or distributed it in commerce. 3. To show the name of the country of origin of the imported furs used in the fur product.

Par. 4. Certain of said fur products were misbranded in violation of the Fur Products Labeling Act in that they were not labeled in accordance with the Rules and Regulations promulgated thereunder in the following respects:

(a) Labels affixed to fur products did not comply with the minimum size requirements of one and three-quarter inches by two and three-quarter inches, in violation of Rule 27 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 mingled with non-required information, in violation of Rule 29(a) of said Rules and Regulations.

(c) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder THE SAMPLE, INC. 879 877 Complaint was not completely set out on one side of labels, in violation of Rule 29(a) of said Rules and Regulations.

(d) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was set forth in handwriting on labels, in violation of Rule 29(b) of said Rules and Regulations.

(e) Required item numbers were not set. forth on labels, in violation of Rule 40 of said Ruies 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 therennder.

“Par. 6. Certain of said fur products were falsely and deceptively advertised in violation of the Far Products Labeling Act in that respondent. caused the dissemination in commerce, as “commerce” is defined im said Act, of certain newspaper advertisements, concerning said products, which were not in accordance with the provisions of Section 5(a) of the said Act. and the Rules and Regulations promulgated thereunder; and which advertisements were intended to aid, promote and assist, directly or indirectly, in the sale and offering for sale of said fur products.

Par. 7. Among and included in the advertisements as aforesaid but not limited thereto, were advertisements of respondent. which appeared in issues of the Buffalo Evening News, a newspaper published in the city of Buffalo, State of New York, and having a wide circulation in said State and various other States of the United States. By means of said advertisements and others of similar import and meaning, not specifically referred to herein, respondent falsely and deceptively advertised fur products in that said advertisements: (a) Failed to disclose the name or names of the animals or animals that produced the fur contained in the fur product as set. forth in the Fur Products Name Guide, in violation of Section 5(a) (1) of the Fur Products Labeling Act.

(b) Failed to disclose that fur products contained or were composed of bleached, dved or otherwise artifically colored fur, when such was the fact, in violation of Section 5(a)(3) of the Fur Products Labeling Act.

Pan. 8. The aforesaid acts and practices of respondent, as herein alleged, are in vioiation 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.

‘Order 59 F.T.C.

DECISION AND ORDER The Commission having heretofore determined to issue its complaint charging the respondent named in the caption hereof with violation. of the Federal Trade Commission Act. and the Fur Products Labeling Act, and the respondent having been served with notice of said determination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as set forth in the complaint, and waivers and provisions as required by the Commission’s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint. in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order :

1. Respondent, The Sample, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York with its office and principal place of business located at 1631 Hertel Avenue, in the city of Buffalo, State of New York. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered, That The Sample, Inc., a corporation, and its officers, and respondent’s representatives, agents and employees, directly or through any corporate or other device, in connection with the 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, 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: J. Misbranding fur products by:

A. Failing to affix labels to fur products showmg 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: THE SAMPLE, INC. 881 877 Syllabus 1. Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder mingled with non-required information.

2. Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting.

C. Affixing to fur products labels that do not comply with the minimum size requirements of one and three-quarter inches by two and three-quarter inches.

D. Failing to set forth on labels all the information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder on one side of such labels. E. Failing to set forth on labels the item number or mark assigned to a fur product.

II. Falsely or deceptively invoicing fur products by : A. Failing to furnish invoices to purchasers of fur products showing 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.

Tif. Falsely or deceptively advertising fur products through the use of any advertisement, representation, public announcement or notice which is intended to aid, promote or assist, directly or indirectly, in the sale, or offering for sale of fur products, and which: A. Fails to disclose:

1. The name or names of the animal or animals producing the fur or furs contained in the fur product, as set forth in the Fur Products Name Guide and as prescribed under the Rules and Regulations. 2. That the fur product. contains or is composed of bleached, dyed or otherwise artificially colored fur when such is the fact. It ts further ordered, That the respondent herein shall, within sixty (60) days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with this order.