Mark Green

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

IN THE MATTER OF l\1:ARIC GREEN TRADING AS :MARIC GREEN CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\fl\fISSION AND THE FUR PRODunTS LABELING ACTS Docket C-92B5. Co11tplaint, Sept. 19GB-Decision, Sept. , 1962 Consent order requiring a New York City furrier to cease violating the Fur Products Labeling Act by failing to show on labels when fur products con- , MARK GREEN 501 500 Compiaint tained used or artificially colored fur, failing to label or invoice secondhand products as required, and failing in other respects to comply with lab~iing 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 Mark Green, an individual trading as Mark Green 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 in respect thereof would be in the public interest hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Mark Green is an individual trading as Mark Green whose former office and principal place of business was located at 28 South l\lain Street, Danielson, Conn. His present address is 286 Fort ""\Vashington Avenue, New York, N.Y. Respondent is engaged in the retail sale of fur products.

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 terlns "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 as required under the provisions of Section 4 (2) 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 wit:D.out labels and with labels which failed: 1. To show that the fur products contained or were composed of used fur, when such was the fact.

2. To disclose that the fur contained in the fur products was bleached, dyed, or otherwise artificially colored, when such was the fact.

PAR. 4. Certain of said fur products were misbranded in violation of the Fur Products Labeling Act in that they were not labeled in \72-8-122-65- , ,, Decision and Order 61 F.

~accordance with the Rules and Regulations promulgated thereunder in the rollowing respects:

1. The disclosure "secondha.nd", where required, ,yas not set forth on labels, in violation of Rule 23 or said Rules and Regulations. 2. Required item numbers were liot set forth on labels, in violation of Rule 40 or said Rules and Regulations. PAR. 5. Certain of said fur products were falsely and deceptively invoiced by the respondent in that invoices were not furnished to purehasers of fur products as required by Section 5 (b) (1) or the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder.

PAR. 6. Certain of said fur products were falsely and deceptively invoiced in violation of the Fur Products Labe.ling Act in that they ere not invoiced in accordance with the Rules and Regulations promulgated thereunder in the following respects: 1. The disc.losure "secondhand" here required, ,'IUS not set forth on invoiees, in violation of Rule 2:3 of saiel Rules and Regulations. 2. Required item nl11nbel's were not set forth on invoices, in violation or Rule 40 of said R.ules and Regulations. PAR. 7. The aforesaid acts a.ncl practices of respondent, as herein alleged, are in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated therelUlder and constitute unfair and deceptive acts and practices and unfair methods or competition in COllllnerce 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 respondent 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 respondent that the law has been "jointed as set forth in such coil1pla.int and waivers and provisions fls 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 jurisdictionfll findings, and enters the following order:

, , :. . MARK GREEN 503 590 . Decision and Order 1. Respondent is an individual trading as l\1a.rk Green whose former office and principal place of business was located at 28 South l\iain Street, Danielson, Conn. His present address is 286 Fort Washington Avenue, New York Y.

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 mode'red That respondent l\iark Green, an individual trading as lVlark Green or under any other trade name, and respondents 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 distributiion in commerce, of any fur product or in connection with the sale, advertising, oflering for sale, transportation, or distribution of any fur product which is made in whole or in part of fur ,which has been shipped and received in commerce as "comlnerce fur~' and " fur product" are defined in the Fur Products Labeling Act, do forthwith cease and desist from: 1. ~1isbra.nding fur products by:

A. Failing to a.ffix la:bels to fur products showing in words and ligures 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. Failing to disclose that fur products are "second-hand" when such is the fact.

C. Failing to set forth the item number or mark assigned to 'a fur product.

2. Falsely or deceptively invoicing fur products by: A. Failing to furnish invoices to purchasers of fur products showing in words and figures plalinly legible all the information required to be c1ise1osed by each of the subsections of Section 5 (b) (1) of the Fur Products Labeling Act. B. Failing to disclose that fur products are "second-hand" when such is the fact.

C. Failing to set forth the item number or mark assigned to a fur product. tis fwrther' o'lyle'red That the respondent herein shall, within sixty (60) days after service upon him oJ this order, file with the COlmnission a report in writing setting forth in data,il the manner and form in which he has complied with this order.

Complaint 61 F.