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Harry & Dan Grossman Furs Inc.

Volume 63 · 63 F.T.C. 574

Citation
63 F.T.C. 574
Docket
C-575
Complaint
1963-09-10
Decision
1963-09-10
Document type
consent order
Case type
consumer protection
Statutes
FTC Act (section 5); Fur Products Labeling Act
Industry
fur products
Outcome
consent order entered
Relief
cease_and_desist; compliance_reporting
Source
Original volume PDF
Original PDF
This decision as a PDF

product labeling

Cite this decision

Harry & Dan Grossman Furs Inc., 63 F.T.C. 574 (1963). Consumer Law Library, https://consumerlawlibrary.org/decisions/v063-0032

Report an error in this record (decision id v063-0032)

Order status: presumptively_terminable_pre_1995. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

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

and form in which they have complied with this order. I" THE MATTER OF HARRY & DAN GROSSJ\AX FURS INC.

SEXT ORDER ETC. , IX HEG)..RD TO THE ALLEGED nol,,\Tlon OF THE FEDERAL TH.lI.DE co nnSSION AXD THE F"CTI PRODUCTS LABELING ACTS Docket 0-575. Complaint, Sept. 10, 1963-Decision Sept. 10, 1963 COD.sent order requiring New York City wholesale furriers to cease violating the Fur Products Labeling Act by failng to disclose on labels that certain furs were artificially colored and to show the registered identification ot tbe manufacturer, etc. ; in'\oicing artificially colored furs as natural and abbreviating required information on invoices. , HARRY & DAN GROSSMAN FLRS , INC. 575 574 GomplaiDt COMPLAI 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 Harry & Dan Grossman Furs Inc., 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 Harry & Dan Grossman Furs Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York. Respondent is a wholesaler of fur products with its offce 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 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 furs which have been shipped and receh.ed 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, dyed tip-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 Rules and Regulations promulgated thereunder. Among such misbranded fur products, but not limited thereto were fur products with labels which failed: 1. To disclose that the fur contained in the fur product was bleached, dyed, or otherwise artificially colored, when such was the fact.

2. To show the name, or other identification issued and registered by the Commission, of one or more of the persons who manufactured FEDERAL 'TRADE COMMIESIOK DECISIO:'S576 Decision' and Order 63 F. such fur product for introduction into commerce, introduced it into commerce, sold it in commerce, advertised or offered it for sale, in commerce, or transported or distributed it in commerce. PAR. 5. Certain of said fur products were falsely and deceptively invoiced by the respondent in that they were not invoiced as required by Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated under such Act. Among such falsely and deceptively invoiced fur products, but not limited thereto, were fur products covered by invoices which failed to disclose that the fur contained in the fur product was bleached, dyed, or otherwise artificially colored, when such was the fact. PAR. 6. Certain of said fur products 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 pointed, bleached, dyed, tip-dyed or otherwise artificially colored, in violation of Section 5 (b) (2) of the Fur Products Labeling Act. PAR. 7. Certain of said fur products were falsely and deceptively ir.voiced in violation of the Fur Products Labeling Act in that they were not invoiced in accordance with the Rules and Regulations promulgated thereunder inasmuch as information required under Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was set forth on invoices in abbreviclted form, in violation of Rule 4 of said R.nles and Hcgu1ations. PAR. 8. The aforesaid acts and practices of respondent, 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 and unfair methods of competition 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 h. ving 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 re- HARRY & DA)\ GHOSSMAX FURS , IKC. 577 :;74" Decision and Order spondent that the law has been violated as set forth in such 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 Harry & Dan Grossman Furs 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 333 Seventh Avenue, N ew York, New 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.

ORDER It is ordered That respondent Harry & Dan Grossman Furs Inc. a corporation, and its offcers, Rnd 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 offering for sale in commerce, or the transportation or distribution in commerce, of any fur product; or in connection with the sale, advertising, offering 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 "commerce, "fur" and "fur product" are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

A. :Misbranding fur products by:

1. Representing directly or by implication on labels that the fur contained in any fur product is natural when the fur contained therein is pointed, bleached, dyed, tip-dyed, or otherwise artificially colored.

2. Failing to affx labels to fur products showing in words and in figures plainly legible an of the information required to be disclosed by each of the subsections of Section 4(2) of the Fur Products Labeling Act.

B. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices to purchasers of fur products showing in worrls and figures plainly legible an the information required to be disclosed in each of the subsections of Section 5(b) (1) of the Fur Products Labeling Act. 9. Representing directly or by implication on invoices that the fur contained in fur products is natural when such fur 578 FEDERAL TRADE COM"-HSSION DECISIONS Oomplaint 63 F.

is pointed, bleached, dyed, tip-dyed, or otherwise artificially colored.3. Setting forth information required under Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form.

It is further ordered That the respondent herein shall, within 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.

← 63 F.T.C. 571 · 63 F.T.C. 578 →