The Vandever Company, Inc.

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

IN THE :JL\ TTER OF TI-IE VANDEVEn COl\IP~~\NY, INC.

CONSENT ORDER , ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE CO~DIISSION AND THE FUR PRODUCTS LABELING ACTS Docket C-le9. Complaint, Nov. 1961-Decision, Nov. , 1961 Consent order requiring Tulsa. Okla., furriers to cease violating the Fur Products Labeling Act by ad\'ertising in newspapers which failed to disclose the names of animals producing the fur contained in fur products and that certain products contained artificially colored fur, and represented fnlsel~' . through such statement as IIl/~ price fnr sale, " that prices ,were reduced in tlw stated percentage; and failing to maintain adequate records as a basis for price claims.

COl\IPLAlNT 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 Vandever Company, Inc. , a corporation . hereinafter referred to as respondent, hus violated the provisions , Complaint 59 F.

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:

PARAGRAPH 1. Respondent The Vandever Company, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of Oklahoma, with its office and principal place of business located at 14 East Fifth Street, Tulsa, Oklahoma. 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 in whole or in part of fur which had been shipped and received in commerce, as the terms "commerce fur~' and "fur products" are defined in the Fur Products Labeling Act. PAR. 3. Certain of said fur products were falsely and deceptively advertised in violation of the Fur Products Labeling Act in that respondent caused the dissemination in commerce, as "commerce is defined in 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 R.egulations 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. 4. Among and included in the advertisements as aforesaid but not limited thereto ere advertisements of respondent which appeared in issues of the Tulsa Tribune, a newspaper published in the City of Tulsa, State of Oklahoma, 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 advertisement: (a) Failed to disclose the name or names of the animal 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, dyed or otherwise artifically colored fur, when such was the fact, in violation of Section 5 (a) (3) of the Fur Products Labeling Act.

THE VANDEVER CO. , INC. 1175 1173 Decision (c) Represented through percentage savings claims such as "112 price fur sale" that prices of fur products were reduced in direct proportion to the percentage of savings stated when such was not the fact in violation of Section (5) (a) (5) of the Fur Products Labeling Act.

PAR. 5. R.respondent in advertising fur products for sale as aforesaid made claims and representations respecting prices of fur products. Said representations were of the type covered by subsections (a), (b), (c) and (d) of Rule 44 of the Rules and Regulations promulgated under the Fur Products Labeling Act. Respondent in making such Glaims and representations failed to maintain full and adequate records disclosing the facts upon which such claims and representations were based in violation of Rule 44 (e) of said Rules and Regulations.

PAR. 6. The aforesaid 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.

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 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 Vandever Company, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of Oklahoma, with its office and principal place of business located at 14 East Fifth Street., in the City of Tulsa State of Oklahoma.

Order 59 F.

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 Vandever Company, 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 ofiering 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 disist from:

1. 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 artifically colored fur when such is the fact. B. Represents directly or by implication, through percentage savings claims that. the prices of the fur products are reduced in direct proportion to the percentage of savings stated when such is not the fact..

~. ~iaking claims and representations of the type.s covered by subsections (a), (b), (c) and (d) of Rule 44 of the Rules and Regulations promulgated under the Fur Products Labeling Act unless there are maintained by respondent full and adequate records disclosing the facts upon which such claims and representations are based. , within I t is fu1'ther o1Ylered That the respondent herein shall 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. MICHAEL-LAWRENCE CO., INC. , ET AL, 1177 Complaint