Milton Fettner trading as Milton Furs

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IN THE :MATTER OF JIILTON 'FETTXER T1L\DIXG "\S ;\IILTOX FL:RS COX-SEST ORDER ; ETC. : IN REGARD TO THE ALLEGED VIOLATION OF THE FEDF.IL\L TRADE COJD1I86IO '" AXD THE ycn Products LABELING ACTS Docket 0-.82. ComplrLint, Sept. 1963-Dccision, Sept. , 1963 Consent order requiring Ii manufacturer, retailer and wbole!'aler of tun; Cincinnati, Ohio, to cease -dolating the Fur I'roduets Labeling Act by failing to shmv on lubels and in.oices am! in advertising wnen fur product!' contained cheap or waste fur, to show on labels and in ad.ertising the true animal name of fur aTHl when fur was ';natural", to disclose on labels that certain furs were " secondbaud" and to show on iu.oices the country origin of imported furs; using in advertising tbe names of animals other tlWD tbose producing ('crtuin furs; advertising falsely that prices of fur products Tlere reduced "1/:1 to 1/2 and more: failng to maintain adequate records as D. basis for pricing claims; and failng in other respects to comply with the requirements of the ..ct.

IPLAINT Pursuant to the provisions of t.he Federal Trade Commission Act and the Fur Products Labeling Act and by virtue of the authority Yestrcl in 1t by said ---\.cts, t11f Federal Trade Commission having rUtson to belif'Te that :.\lilton Fettner, an individual trading as , ,, , MILTOK FURS 659 G58 Complaint Iilton Furs, hereinafter referred to as respondent, has violated the provisions of said Acts and the Rules and Regulations promulgated under the Fur l roducts Labeling Act, and it appearing to the Com. mission that a proceeding by it in respect thereof ,,,Quid be in the public interest, hereby issues its complaint stating its charges in that respect a,s follows:

PAH.\GRAPn 1. Respondent :Milton Fottner is an indiyiclual trading as 1ilton Furs.

Respondent is a ma.nufacturer, retailer and wholesaler of fur products with his offce and principal place of business located at J 48 'West Fifth Street, Cincinnati, Ohio. 1",\1" 2. Subsequent to the effective date of the Fur Products Labeling Act on ..L\.august 9, 1952, respondent has been and is now engaged in the introduction into commerce, and in the manufacture for introduction into c.omlncrce, and in the sale, advertising, and altering for sale in commerce, flnd in the transportation and distribution in commerce, of fur products; and has manufactured for sale, sold, advert.ised, oii'erecl for sale, transported and distributed fur products which have been made in whole or in part of furs shi pped and recei \'pel in commerce; as the terms "col1merce ful' ' and " fur product are defined in the Fur Products Labeling- Act. \R. :3. Certain of said fur products were misbranded in that they wero not. Jabeled as required under the provisions of Section 4(2) of the Fur Products Labeling Act and in the manner and form prescribed by the I,ules and Regulations promulgated thereunder. .\among such misbranded fur products, but not limited thereto were fur products with labels which failed: 1. To show the (rue animal name of the fur used in the fur product.

2. To show (hat the fur product was composed in whole or in subst,a.ntial part of paws, tails, bellies, or waste fur, when such was the fact.

PAn. ,1. Certain of said fur products were misbranded in violation of the. Fnr Products Labeling ,.\ct in that they were not labeled in accordance with the Rules a.nd R.e.gulations promulgated thereunder in the follOi\'ing respects:

1. The term " K at ural: ,,"as not used on labels to describe Iur products which "Were not pointed, bleached, dye, , tip-dyed or other- ,yisB artificin.lly colored, in "violation of Rule 19(9) of said Rules and Re.gn1ations.

, 11'a3 not set forth 2. The c1isc)osure "SecondllfncF here required on Jabels, in violation of R.ule 2:i of said Rules and Regulations. 660 FEDERAL TRADE CO:\BlISSIO DECISIOXS OOllI1lnillt G3 F.

3. Information required under Section 4(2) of the Fur Products Laueling Act U1d the Hules and Regn1rtions promulgated thereunder ,yas mingled with nonrequired information, in violation of Rule 20 (a) of said Hules and Hegubtions.

4. Information required under Section 4 (2) of the Fur Products Labeling Act and the R.ule,s and Regulations promulgated thermmcler was set forth in handwriting on 1labels, in violation of Rule 20 (b) of saiel J llles and Regulations.

5. Information required under Section 4(2) of the Fur Products Labeling Act and the Rules flucl Regubtions promulgated thereunder was not set forth in the required sequence, in violation of Rule 30 of sllid Rules ,md Regulations.

G. Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was not set forth separately on labels with respect to each section of Illi' proclllct.s composed of two or more sections cont.aining different animal furs, in violation of R.ule 36 of sflid Rules and Regulations. 7. l eql1ired item numbers 'Yel' not set forth on labels, in violation of IhlJe 40 of said Rules and Regulations. \H. 3. Certa.in of said fur products -were falsely and deceptively iln- oicec1 by the respondent in that they \i-ere not invoiced as required by Section 5(b) (1) of (he Fur Products Labeling Act and the Rules and Hegulntions promulgated under such Act. \.among such falsely nncl deceptively invoiced fur products but not 1jmitec1 thereto, ,were fur products coycrecl by invoices which failed: To 811011 the country of origin of imported fnTs used in fur products. \n. 6. Certain of sa.id fur products ,were falsely and deceptively invoiced in violation of the Fur Products Labeling Act in that they were not invoiced in accordance ,with t.he Hule.s and Regulations promulgated thereunder in the following respects: 1. The disclosure that fur products were composed in whole or in S11bstantia1 pnrtof PW, , Ulils, bellies, sides, flanks, gills, ears, throats heads, scrap pieces or waste fur, where required, was not set forth on invoices, in violation of Hule 20 of said Rules and Regulations. . Required item numbers were not set forth on invoices, in violation of Ru 10 40 of said rtu1es and Regub.tions. PAn. 7. Cert.ain of saiel fur products ,,,ere falsely and deceptively advertised in v.iolation of the Fur Products Labeling Act in that certain advertisements intended to aiel, promote and assist, directly or indirectly in the sale and offering for sa.le of such fur products were not in accordance with the provisions of Section 5 (a) of the said Act. Among and included in the aforesaid advertisements, but not limited :\llLTQN FURS 661 65S Complaint thereto, were advertisements of respondent which appeared in issues of the Cincinnati Inquirer, a newspaper published in the city of Cincinnati, State of Ohio.

Among such false and deceptive advertisements, but not limited thereto, were advertisements which failed: 1. To show the true animal name of the fur used in the fur product. 2. To show that the fur contained in the fur product was bleached, dyed or otherwise artifieial1y colored when such was the fact. I' AR. 8. By means of the aforesaid advertisements and others of similar import and meaning not specifically referred to herein respondent falsely and deceptively advertised fur products in that certain of said fur products were falsely or deceptively identified with respect to the name or designation of the animal or animals that produced the fur from which the said fur products had been manufactured in violation of Section 5 (a) (5) of the Fur Products Labeling Act.

Among such falsely advertised fur products, but not limited thereto were fur products advertised as "Broadtail" thereby implying that the furs contained therein were entitled to the designation "Broadtail L mb" when in truth and in fact they were not entitJcd to such designation.

PAR. 9. By means of the aforesaid advertisements and ot.hers of similar import and meaning not specifically referred to herein respondent :flsely and deceptively advertised fur products in that certain of said advertisements contained the name or names of an animal or animals other than those producing t.he fur contained in the fur product, in violation of Section 5(a) (5) of the Fur Products Labeling Act.

PAR. 10. By means of the aforesaid advertisements and others of similar import and meaning not specifically referred to herein respondent falsely and deceptively advertised fur products in violat.ion of the Fur Products Labeling Act in t.hat. the said fur products were not advertised in accordance with t.he Rules and Regulations promulgated thereunder in the following respects: 1. The term "Dyed Broadtail-processed Lamb" was not set forth in the manner required, in violation of Rule 10 of said Rules and ReQ'lations.

The term "natural" was not used to describe fur products which were not pointed, bleached, dyed, t.ip-dyed, or otherwise artificially colored, in violation of Rule 19(9) of the said Rules and Regulations. ". 11. In advertising fur products for sale as aforesaid respond. ent represent.ed t.through such statements as "Save 1,4 to V2 and. more Lha prices of fur products were reduced in direct proportion to the 780- 18-(;D---- 662 :FEDERAL TRADE CQ:\BIISSION DECISIONS Dech:ioll aml Order 63 F.

percentages stated and that the amount of said reduction afforded savings to the purchasers of respondent's products when in fact such prices were not reduced in direct proportion to the percentages stated and the represented savings were not thereby afforded to the said purchasers, in violation of Section 5 (a) (5) of the Fur Products Labcling Act.

FAR. 12. In advertising fur products for sale as aforesaid, respondent made pricing claims and representations or the types covered by Subsections (a), (b), (c) an,l (d) of Rule 44 of the Regulations under the Fur Products Labeling Act. Respondent in making such claims and representations failed to maintain full and adequate records disclosing the facts upon which such pricing claims and represent. tions '\cre based, in violation of Rule 44 (e) of the said Rules and Regulations.

PAn. 13. The aforesaid acts and practices of respondent, as herein allegcd 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 AXD 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 or order; and The respondent and counsel for the Commission having thereafter executed a.n a.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 la'\ 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 t.he form contemplated by said agreement makes the follmying jurisdictional findings, and enters the fol1moving order:

1. Respondent Milton Fettner is an individual trading as Milton Furs '\ith his offce and principal place of business located at 148 IV est Fifth Street, Cincinnati, Ohio.

:::ILTOX FURS 663 658 Decision and Order 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and th" proceeding is in the public interest.

ORDER It is ordered That respondent c.Iilton Fettner, an individual, trad. ing as :Milton Furs, or under any other trade name, and respondent' representatives, agents and employees, directly or through any corporate or other device in connection wit.h the introduction, or manu facture for introduction into commerce, or the sale, advert.ising offering for sale in commerce, or the transportation or distribution in corrnerce, of any fur products; or in c.connection with the manufacture for sale, sale, advertising, offe.ring for sale, transportation or distribution, of any fur product which is made in whoJc or in part of fur which has been shipped and received in commerce, as "commerce fur:' and "fur produce: are defined in the Fur Products Labeling Act do forthwith cease and desist from:

A. :Misbranding fur products by:

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

2. Failing to set forth the term "Natural" as part of the information required to be disclosed on labels under the Fur Products Labeling Act and the Rules and Regulations promulgated t.hereunder to describe fur products which are not pointed, bleached, dyed, tip-dyed or other\ ise artifielt111y colored.

3. Failing to disclose that fur products contain or are composed of secondhand used fur.

4. Failing to set forth on labels the item number or mark assigned to fur products.

5. Setting forth information required under Section 4 (2) of the Fur Products Labeling Act. and the Rules and Regulations promulgated thereunder mingled with nonrequire informaHon on labels affxed t.o fur products. 6. Setting forth information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting on labels affxed to fur products.

7. Pailing to set fOlih information required lUlder Section 4(2) of the Fur Products Labeling Act. and the l1ules and 664 FEDERAL Tnade COMMISSION DECISIOXS Decision and Order- 63 F.

Regulations promulgated thereunder on labels in the sequence required by Rule 30 of the aforesaid Rules and Regulations. 8. Failing to set forth separately on labels attached to fur products of two or more sections containing different animal fur the information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder with respect to the fur comprising each section.

B. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices to purchasers of fur products showing in words and figures plainly legible all the inforlna,tioll required to be disclosed in each of the subsections of Section 5(b) (1) of the Fur Products Labeling Act. 2. Failing to disclose on invoices that fur products are composed in whole or in substantial part of paws, tails bellies, sides, flanks, gils, cars, throats, heads, scrap pieces or waste fur.

3. Failing to set forth on invoices the item number or mark assigned to fur products.

C. Falsely or deceptively advertising fur products through the use 'Of any advertisement, representation, public announcement or notice which is intended to aid, promote or assist directly or indirectly in the sale or offering for sale of any fur products and which:

1. Fails to set forth in words and figures plainly legible all the information required to be disclosed by each of the subsections 'Of Section 5 (a) 'Of the Fur Products Labeling Act.

2. Falsely or deceptively identifies any such fur product as to the name or designation of the animal or animals that produced the fur contained in the fur product. 3. Sets forth the name or names of any animal or animals 'Other than the name of the animal producing the furs contained in the fur product as specified in the Fur Products Name Guide and as prescribed by the Rules and Regulations. 4. Fails to set forth the term "Dyed Broadtail-proce.ssed Lamb" in the manner required where an election is made to use that term instead of the words "Dyed Lamb" 5. Fails to set forth the term " Ci natural" as part 'Of the information required to be disclosed in advertisements under the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder to describe fur products which R1:GBY RUG MILLS , IXC. , ET AL. 665 658 Syllabus are not pointed, bleached, dyed, tip-dyed or otherwise artificially colored.

6. Misrepresents in any manner the savings available to purchasers of respondent's fur products.

7. Falsely or deceptively represents in any manner that prices of respondent's fur products are reduced. 8. Represents, directly or by implication, through percentage savings claims that prices of fur products are reduced t.o afford purchasers of respondent.'s fur products the percentage of savings stated when the prices or such fur product.s are not reduced t.o afford t.o purchasers the percentage of savings st.ated.

9. Makes claims and represent.at.ions, of the types covered by subsect.ions (a), (b), (c) and (d) of Rule 44 ofthe Rules and Regulations promuJgat.ed under the Fur Products Labeling Act unless t.here are maint.ained by respondent full and adequate records disclosing the facts upon which such claims and representations are based.

It is fll.rther ordered That. the respondent. herein shall, within sixty.y (60) days aft.er service upon him of this order, file wit.h t.he Commission a report. in writ.ing set.ting fort.h in det.ail the manner and form in which he has complied with t.his order.