Solomon Klein

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

IN THE jVIATTER OF SOLOMON KLEIN TRADING AS SOL KLEIN FURS COXSEXT ORDER, ETC. , IN H.EG \HD TO THE ALLEGED VIOLATION O ' THE FEDER.AL TRADE COl\L!\ISSIQX AND Tile J' un PRODUCTS LABELING ACTS Docket C-IIS. Complaint, Apr. 1962-Decision, Apr. 16, 1962 Consent order requiring a Kew York City furrier to cease violating the Pur Products Labeling Act by labeling and invoicing artificially colored furs as natural and failng to show on labels and invoices when fur was bleached dyed, etc. ; and by stating falsely on invoices that he had a continuing guaranty on file \with the Commission.

COl\:IPLAINT 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 C0111ni88ion having reason to believe that Solomon Klein, an individual trading as 801 Klein Furs, hereinafter referred to as respondent, has violated the SOL KLEIX FURS 725 724 Complaint provisions of said Acts and the Rules and Regulations promulgat.ed unuer the Fur Products Labeling Act, and it appearing to the Com mission that it 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 Solomon Klein is an individual trading as Sol Klein Furs with his oflce and principal place of business located at 307 Seventh Avenue, New York, K.

PAR. 2. Subsequent to the eflective date of the Fur Products Labeling Act on August 9, 1952, respondent has been and is now engftged 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 malls in whole or in part of fur which has 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 or otherwise falsely or deceptively labeled in that said fur products were labeled to shmv that the fur contained therein was natural when in fact such fur was bleached, dyed or otherwise artificially colored, in violation of Section 4(1) ofthe 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 Rules and Hegulations promulgated thereunder. Among such misbrandell fur products, but not limited thereto, were fur products with labels which failed to show that the fur contained in the fur products was bleached, dyed or otherwise artificially colored, when such was the fa,ct.

PAH. 5. Certain of said fur product.s were falsely and deceptively invoiced in that said fur products ,were invoiced to show that the fur contained therein was natural, when in fact such fur 'was bleached dyed or otherwise artif1eially colored, in violation of Section 5(b) (2) of the Fur Products Labeling Act.

P AH. 6. Certain of said fur products were falsely and deceptively invoiced in that they were not invoiced as required under' the provisions of Section 5(b) (1) of the Fur Products Labeling Act and in the manner anll form prescribed by the Hnles and Regulations promulgated thereunder.

726 FEDERAL TRADE COMMISSIOK DECISIONS Decision and Order 60 F.

Among such falsely and deceptivcly invoiced fur products, but not limited thereto, were invoices pertaining to such fur products ,which failed to disclose that the fur contained in the fur products was bleached, dyed 01' otherwise artificially colored, when such was the fact.

PAR. 7. Certain of said fur products were falsely and deceptively invoiced in violation of Section 5(b) (2) of the Fur Products Labeling Act in that such invoices contained statements to the effect that the respondent had a continuing guaranty on file with the Federal Trade Commission, when such ,vas not the fact. PAR. 8. The aforesaid acts and practices of respondent, as herein alleged, are in violation of the Fnr Products Labeling Act and the Rules and Regulations promulgated thereunder and constitute unfair and deceptive acts and practices and unfair methods of competition in commerce under the Federal Trade Comrnissioll Act. DECISION .-\XD OHDEIl The Commission having heretofore determined to issue its complaint charging the respondent named in the caption hereol with violation of the Federal Trade Commission Act and tlw Fur Products Labeling Act, and the respondent having been served ,,-ith notice of said determination and with a copy 01 the complaint the Commission intended to issue, together ,,,ith a propose(l form of order; and The respondent and counsel for the Commission having thereafter execute.c nn agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the complaint to issue herein, a statement tlult 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 such complaint, and waivers a.nd provisi011S 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 jurisdictiomtl findings, and enters the follmdng order:

1. Hesponde, , Solomon Klein, is an individual trading as Sol IClein Furs with his offce and principal place of business located at 307 Seventh A venue, in the city of K ew York, State of X ew 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.

SOL KLEIN FVRS 727 724 Decision anu Order ORDER It i8 ordered That Solomon Klein, an individual trading as Sol 1\:Jein Furs, or under any other trade name, anclrespondenfs representatives, agents and employees, directly or through rmy corporate or other device, in connection ,\"ith the introduction or manufacture for introduction into commerce, or the sale: advertising or offering for sale in commerce, or the transportation or distribution in com merce, of any fur product; or in connection with the sale: mfUlufactllre for sale, advertising, offering for sf11e, transportatioll or distribution of any fur product ,which has been made in whole or in part of fnr which has been shipped and received in commerce; as "commerce ":fur" and ' fur product' are defined in the Fur Products I.labeling \ct, do forthwith cease and desist from:

1. )Iisbranding fur products by:

A. Hepresenting directly 01' by implication on bbels that the. fur contained in fur products is natural when such is 110t the. fact. B. Failing to affx labels to fur products sho\ying in words and figures plainly legible all the information re(luirea to be disclosed by each of the subsections of Section 4(2) of the Flu Products Labehng Act.

2. Falsely or deceptively irn oicing fur products by: A. Representing directly or by implication on invoices that. the fur contained in fur products is natural, ,,,hen such is not the fact. B. Failing to furnish -invoices to purchasers of fnr products showing all the information required to be disclosed oy each of the- sub sections of Section 5 (b) (1) of the Flu PrQ(1acts Labeling Act. 3. Falsely or deceptively invoicing fu1' products by representing directly or by imphciltion that respondent has a continuing guaranty on fiJe ,with the Federal Trade COlnmission when such is not. the fact. It is fu:rther' o-rde' ied That the respondent herein shall, "\11th111 sixty (60) days after service upon him of this order, file ,with the Commission a report in writing setting forth in detail the. manner and form in ,yhieh he has complied ,with this order. (:, Complaint 60