Oxwall Tool Company, LTD.

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

It is further ordered, That the respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order. By the Commission, Commissioner Elman not participating.

In the Matter of OXWALL TOOL COMPANY, LTD., ET AL

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT

Docket 7491. Complaint, May 15, 1959—Decision, Sept. 9, 1963*

Order amending desist order of Dec. 26, 1961, 59 F.T.C. 1408—which required conspicuous affirmative disclosure of the country of foreign origin of imported tools—to provide that where two or more clearly marked products imported from two or more foreign places were packaged together in an unsealed container, the conspicuous disclosure of such facts on the container should constitute compliance with the order.

ORDER AMENDING FINAL ORDER OF THE COMMISSION

Respondents by their “Motion to Re-Open and Modify”, pursuant to § 5.7 of the Commission’s Rules of Practice effective June 1962,

*Order, with opinion, denying motion for further modification, dated Jan. 16, 1964, 64 F.T.C. ——

JO COPELAND FURS INC., ET AL. 567

566 Order having requested that the final order of the Commission issued December 26, 1961 be modified; and The Commission on consideration of the aforesaid motion having determined that its final order of December 26, 1961 should be modified in certain respects:

It is ordered, That the Commission's final order of December 26, 1961, be, and it hereby is, modified to read as follows: It is ordered, That respondents Oxwall Tool Company, Ltd., a corporation, and its officers, and respondents Max J. Blum and Sidney Blum, individually and as officers of said corporation, and respondents' agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of imported merchandise in commerce as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Offering for sale, selling or distributing said products without affirmatively and clearly disclosing in a conspicuous place on the products themselves the country of origin thereof. 2. Offering for sale, selling or distributing said products in containers or with attachments in a manner which causes the mark on the products identifying the country of origin to be hidden or obscured without clearly disclosing the country of origin of the products in a conspicuous place on the container or attachment. Provided, however, that in those instances where (a) two or more products imported from two or more foreign countries or places are packaged together in the same container, where (b) the imported articles themselves are clearly and conspicuously marked with the country of origin, and where (c) the container is unsealed and the articles may be readily removed therefrom for examination by a prospective purchaser prior to purchase, the disclosure, in a conspicuous place on the container, that all or a portion of the contents of such package are imported and that the country or place of origin of foreign made products is set forth on each product, shall constitute compliance with the terms of this order.

It is further ordered, That respondents, Oxwall Tool Company, Ltd., Max J. Blum and Sidney Blum, shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist as modified.

Complaint 63 F.T.C.

IN THE MATTER OF

H. & D. GROSSMAN CORPORATION

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS

Docket C-578. Complaint, Sept. 10, 1963—Decision, Sept. 10, 1963

Consent order requiring New York City manufacturing furriers to cease violating the Fur Products Labeling Act by labeling and invoicing artificially colored fur products as natural and failing to disclose on labels and invoices that certain furs were bleached, dyed, etc.

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 H. & D. Grossman Corporation, 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 in respect thereof would be in the public interest hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondent H. & D. Grossman Corporation is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York.

Respondent is a manufacturer of fur products with its office and principal place of business located at 333 Seventh Avenue, New York, 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 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 made in whole or in part of furs which have 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 in that they were falsely and deceptively labeled to show that fur contained therein was natural, when in fact such fur was pointed, bleached,