Jan Origikals, Inc.

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IN THE j\fatter OF JAN ORIGIKALS, IKC., ET AL.

cox SENT ORDER, ETC., IX REGARD TO THE ALLEGED VIOLATION OF THE FED- ERAL TRADE C02\BnSSIOX AND THE FUR PRODrCTS LABELING ACTS Docket C-83. Complaint, Feb. 21, 1962-Decision, Feb. , 1962 Consent order requiring Kew York City furriers to cease dolating the Fur Products Labeling Act by labeling fur products falsely to show that the fur contained therein was natural, and failng to disclose on labels and in,oices tlm t certain furs were artificially colored. CO:\IPLAIXT Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Aet and by virtue of the authority vested in jt by said Acts, the Federal Trade Commission having reason to believe that .J an Originals, Inc., a corporation, and Sam Brmvn and Sam Soifer, individually and as offcers of said corporation, hereiniter referred to as respondents, have violated the provisions of said Acts and the R.ules and Regulations promulgated under the Fur Products Labeling Act, and it appearing to the COlll111ission that a proceeding by it in respect thereof ,,"ould be in the public interest, hereby issues its complaint stating its clutrges in that respect as follows: PARAGlUPII1. Respondent .Jan Originals, Inc., is a. corporation organized, existing and doing business under and by virtue of the lo.1"s of the State of ew York with its offce and principal place of business Jocated at 307 Seventh A venue, New York Respondent.s Sam Brown and Sam Soifer are president and treasurer, respectively, of the said corporate respondent and control, direct and formulate the acts, practices Rnd policies of the said corporate respondent. Their offce and principal place of business is the same as that of the said corporate respondent.

m. 2. Subsequent to the effective c1Rte of the Fur Products Labeling Act on August 9, 1952, respondents have been and are now TAX ORIGI:\ALS, I ET AL. 357 356 Decision and Order engaged in the introduction into conm1erce, and in the manufacture for introduction into commerce, and in the sale, advertising and oft' ering for sale, in comlnerce a.nd in the transportation and distribution, in commerce, of fur products; and ha.ve manufactured for sale, sold, advertised, oilered 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 C0ll1TlerCe; 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 or otherwise falsely or decepti very labeled in that said fur products were labeled to show that the fur contained therein was natural, when in fact such fur was blea,ched, dyed or otherwise artificially colored, in violation of Section 4 (1) of the Fur Products Labeling Act. PAR. 4.. 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 Hules and Regulations promulgated thereunder. Among such misbranded fur products, but not 1imiteel thereto, ,yerc fur products with labels which failed to disclose that the fur contained in the fur products was c01llposed of bleached, dyed or otherwise artificially colored fur, when such was the fact. PAR. 5. Certain of said fur products "ere falsely and deceptively invoiced in that they were not invoiced a.s required under the provisions of Section 5 (b) (1) of the Fur Products Labeling Act and in the ma,nner and form prescribed by the Rules and Regulations promulgated thel'elmdcr.

Among such falsely a.nd deceptively invoiced fur products, but not limited thereto, were invoices pertaining to such products which failed to disclose that the fur contained in the fur products "as composed of bleached, dyed or otherwise artificially colored fur, when such was thc fact.

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 R.cgulations promulgated thereunder and constitute unfair and deceptive ads and practices in commerce under the Federal Trade Commission Act.

DECISION A);"" ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of the Federal Trade Comm ission Act and the Fur Products 719-603--64-- , 358 FEDERAL TRADE C011ISSION DECISIONS Decision and Order 60 F.

Labeling -Ilct, and the respondents having been served with notice of said deternlination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondents and counsel for the Conunission ha viug thereafter executed an agreement containing a consent order, all admission by respondents of all the jurisdictional facts set forth in the complaint to issue herein, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by re. spondents that the law has been violated as set forth in such compla,int and waivers and provisions as required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts sa, , issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondent J an Originals, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its offce and principal place of business located at 307 Seventh Avenue, New York, N.

R.respondents Sam Brown and Sam Soifer are offcers of said corporation and their address is the same as that of said corporation. 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 ordered That respondent an Originals, Inc., a corporation and its offcers, and respondents Sam Brown and Sam Soifer, individually and as oifcers of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction or manufacture for introduction into commerce, or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce of any fur product; or in connection with the sale, manufacture for sale, advertising, offering for sale, transportation or distribution of any fur product which has been made in whole or in part of fur which has been shipped and received in commerce; as "commerce fnr and "fnr product" are defined in the Fur Products Labeling Act, do forth'ivith cease and desist from:

1. :Misbrancling fur products by:

A. Heprescnting directly or by implication on labels that the fur contained in fur products is natural, when such is not the fact. B. Failing to affx labels to fur products showing in words and figures plainly legible all the information required to be disclosed IGIMBEL BROTHERS 359 3:1G Complaint by each of the subsections of Section 4(2) of the F,,, Products Labeling Act.

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 all the inforn1ation required to be disclosed by each of the subsections of Section 5(b) (1) of the Fur Products Labeling Act.

1 t is fUTthe,' ordered That the respondents herein shall, within sixty (60) days after service upon them of this order, fie with the Commission a report in 'writing setting forth in detail the manner and form in which they have complied with this order.