Abraham Feder trading as al Feder Furs

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

IN THE MATTER OF ABRAHAM FEDER TRADING AS AL FEDER FURS CONSE:-T ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLA Tlon OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Dec. , 1966 Docket C-1143. Complaint, Dec. 1966-Decision, Consent order requiring a New York City manufacturing furrier to cease misbranding, falsely invoicing, and advertising its fur products. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act, and by virtue of the au- Complaint 70 F.

thority vested in it by said Acts, the Federal Trade Commission having reason to believe that Abraham Feder, an individual trading as AI Feder Furs, 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 Abraham Feder is an individual trading as Al Feder Furs.

Respondent is a manufacturer of fur products with his offce and principal place of business located at 150 West 28th Street New York, Kew 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 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 without labels, and fur products with labels which failed to show that the fur product contained or was composed of used fur, 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 accordance with the Rules and Regulations promulgated thereunder in the following respects:

(a) The term "natural" was not used on labels to describe fur products which were not pointed, bleached, dyed, tip-dyed, or otherwise artificially colored, in violation of Rule 19 (g) of said Rules and Regulations.

(b) The disclosure "secondhand " where required, was not set AL FEDER FURS 1449 1447 Complaint forth on labels, in violation of Rule 23 of said Rules and Regulations.

(c) Required item numbers were not set forth on labels, in violation of Rule 40 of said Rules and Regulations. PAR. 5. Certain of said fur products were falsely and deceptively invoiced by the respondent in that they were not invoiced as rquired 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:

1. To show the true animal name of the fur used in any such fur product.

2. To show that such fur products contained or were composed of used fur, when such was the fact.

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

4. To show the country of origin of imported furs used in fur PAR. 6. Certain of said fur products were falsely and decep-products. tively invoiced in that respondent set forth on invoices pertaining to fur products the name of an animal other than the name of thc animal that produced the fur from which the said fur products had been manufactured, in violation of Section 5 (b) (2) of the Fur Products Labeling Act.

PAR. 7. Certain of said fur products were falsely and deceptively invoiced 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(b) (2) of the Fur Products Labeling Act.

Among such falsely and deceptively invoiced fur products, but not limited thereto, were fur products which were invoiced as Dyed Spotted Lamb Leopard" when in truth and in fact the fur contained in such products was Rabbit.

PAR. 8. Certain of said fur products were falsely and deceptively invoiced in violation of the Fur Products Labeling Act in that they were not invoiced in accordance with the Rules and Regulations promulgated thereunder in the following respects: (a) The term "Persian Lamb" was not set forth on invoices in the manner required by law, in violation of Rule 8 of said Rules and Regulations.

Complaint 70 F.

(b) The term "Dyed Mouton Lamb" was not set forth on invoices in the manner required by law, in violation of Rule 9 of said Rules and Regulations.

(c) The term "natural" was not used on invoices to describe fur products which were not pointed, bleached, dyed, tip-dyed, or otherwise artificially colored, in violation of Rule 19(9) 'of said Rules and Regulations.

(d) The disclosure "secondhand " where required, was not set forth on invoices, in violation of Rule 23 of said Rules and Regula-tions. (e) Required item numbers were not set forth on invoices, in violation of Rule 40 of said Rules and Regulations. PAR. 9. Certain of said fur products were falsely and deceptively advertised in violation of the Fur Products Labeling Act in that certain advertisements intended to aid, promote and assist directly or indirectly, in the sale and offering for sale of such 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 thereto, were printed circulars mailed by the respondent from his location within the State of New York to customers, actual and potential, outside of the State of New York. 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 fur products were composed of used fur, when such was the fact.

3. To show that the ful contained in the fur product was bleached, dyed, or otherwise artificially colored, when such was the fact.

4. To show the country of origin of imported fur contained in fur products.

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 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,ucts inLabelingviolation of Section 5 (a) (5)Act.of the Fur Prod- Among such misbranded fur products, but not limited thereto, AL FEDER FURS 1451 1447 Complaint were fur products advertised as "Beaverette Dyed Coney Coat" when the fur contained in such fur products was, in fact, Rabbit. PAR. 11. 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 advertisements contained the name of an animal other than the name or names 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.

PAR. 12. By means of the aforesaid advertisements and others of similar import and meaning not specificial1y referred to herein respondent falsely and deceptively advertised fur products in violation of the Fur Products Labeling Act in that the said fur products were not advertised in accordance with the the Rules and Regulations promulgated thereunder in the following respects: (a) The term "Persian Lamb" was not set forth in the manner required, in violation of Rule 8 of the said Rules and Regulations. (b) Trade names, coined names, and other names 01' words descriptive of furs as being the fur of animals which were in fact fictitious or non-existent were used in advertising fur products, in violation of Rule 11 of said Rules and Regulations. Among such fur products, but not limited thereto were fur products advertised through the use of names of such fictitious or non-existent animalsas "Minkelette " and "Sealine. (c) The term "blended" was used as part of the information required under Section 5(a) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, to describe the pointing, bleaching, dyeing, tip-dyeing, or otherwise artificial coloring of furs contained in fur products, in violation of Rule 19 (f) of the said Rules and Regulations. (d) The term "natural" was not used to describe fur products which were not pointed, bleached, dyed, tip-dyed, or otherwise artificial1y colored, in violation of Rule 19 (g) of the said Rules and Regulations.

(e) The disclosure that fur products were composed in whole or in substantial part of paws, tails, bellies, sides, flanks, gils ears, throats, heads, scrap pieces or waste fur, was not set forth in advertisements in violation of Rule 20 of the said Rules and Regulations.

(f) The term "assembled" was used to describe fur products Decision and Order 70 F.

composed of pieces in lieu of the required terms, in violation of Rule 20 of the said Rules and Regulations. (g) The disclosure "second-hand " where required, was not set forth, in violation of Rule 23 of the said Rules and Regulations. PAR. 13. By means of the aforesaid advertisements and others of similar import and meaning not specificially referred to herein, respondent falsely and deceptively advertised fur products in that said advertisements represented, directly or by implication, the fur products were guaranteed without disclosing the nature and extent of the guarantee and the manner and form in which the guarantor would perform thereunder, in violation of Section 5 (a) (5) of the Fur Products Labeling Act. PAR. 14. 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 said advertisements represented, directly or by implication, that a refund of the purchase price would be given under certain stated conditions when in truth and in fact a refund of the purchase price was refused under the stated conditions, in violation of Section 5(a) (5) ofthe Fur Products Labeling Act. PAR, 15. 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 oaid advertisemennts represented, directly or by implication, that fur products would be exchanged under certain conditions when in truth and in fact an exchange of such fur products was refused under the stated conditions, in violation of Section 5 (a) (5) the Fur Products Labeling Act.

PAR. 16. The aforesaid acts and practices of respondent, as herein alleged, are in violation of the Fur Products Labeling Act and the Rules and Regulation 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 Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Bureau of Textiles and Furs proposed to present to the Commission for its consideration and which, if issued by the Commission, would AL FEDER FURS 1453 1447 Order charge respondent with violation of the Federal Trade Commission Act and the FUl Products Labeling Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by the respondent that the law has been violated as alleged in such complaint, and waivers and provisions as required by the Commission s rules; and The Commission, having reason to believe that the respondent has violated said Acts, and having determined that complaint should issue stating its charges in that respect, hereby issues its complaint, accepts said agreement, makes the following j urisdictional findings, and enters the following order: 1. Respondent Abraham Feder is an individual trading as Al Feder Furs, with his offce and principal place of business located at 150 West 28th Street, New York 1 , New York. 2. The Federal Tra.de Commission has jurisdiction of the subj ect matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered That respondent Abraham Feder, an individual trading as Al Feder Furs, or under any other name, and respondent' s representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, or manufacture for introduction into commerce, or the sale, advertising or offering for sale in commerce, 01' the transportation or distribution in commerce, of any fur product; or in connection with the manufacture for sale, 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 reeeived jn 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. Failing to affx labels to fur products showing in words and in figures plainly legible all of the information required to be disclosed by each of the subsections of Section 4 (2) of the Fur Products Labeling Act. 2. Failing to set forth the term "natural" as part of Order 70 F.

the information required to be disclosed on labels under the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder to describe fur products which are not pointed, bleached, dyed, tip-dyed, or otherwise artificially colored.

3. Failng to disclose that fur products contain or are composed of second-hand used fur.

4. Failing to set forth on labels the item number or mark assigned to each such fur product.

B. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices, as the term "invoice " is defined in the Fur Products Labeling Act, showing in words and figures plainly legible all the information required to be disclosed in each of the subsections of Section 5 (b) (1) of the Fur Products Labeling Act. 2. Setting forth on invoices pertaining to any such fur products any false or deceptive information with respect to the name or designation of the animal or animals that produced the fur contained in ouch fur product. 3. Setting forth on the invoices pertaining to fur products the name or names of any animal or animals other than the name of the animal producing' the fur contained in the fur product as specified in the Fur Products Name Guide, and as prescribed by the Rules and Regulations. 4. Failing to set forth the term "Persian Lamb" in the manner required where an election is made to use that term instead of the word "Lamb.

5. Failng to set forth the term "Dyed Mouton Lamb" in the manner required where an election is made to use that term instead of the words "Dyed Lamb. 6. Failing to set forth the term "natural" as part of the information required to be disclosed on invoices under the Fur Products Labeling Act and Rules and Regulations promulgated thereunder to describe fur products which are not pointed, bleached, dyed, tip-dyed or otherwise artificially colored.

7. Failing to disclose that fur products contain or are composed of second-hand used fur.

8. 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 an- AL FEDER FURS 1455 1447 Order nouncement or notice which is intended to aid, promote or assist, directly or indirectly, in the sale, or offering for sale of any fur product, 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 ;\ame Guide, and as prescribed by the Rules and Regulations.

4. Fails to set forth the term "Persian Lamb" in the manner required where an election is made to use that term instead of the word "Lamb.

5. Sets forth any trade name, coined name or other name or words descriptive of a fur as being the fur of an animal which is in fact fictitious or non-existent. 6. Sets forth the term "blended" or any term of like import as part of the information required under Section 5 (a) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder to describe the pointing, bleaching, dyeing, tip-dyeing, or otherwise artificial coloring of furs contained in fur products.

7. Fails to set forth the term "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 are not pointed, bleached, dyed, tip-dyed or otherwise artificially colored.

8. Fails to disclose that fur products are composed in whole or in substantial part of paws, tails, bellies, sides flanks, gills, ears, throats, heads, scrap pieces or waste fur.

9. Sets forth the term "assembled" or any term of like import as part of the information required under Section 5(a) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder to de- Complaint 70 F.

scribe fur products composed in whole or in substantial part of paws, tails, bellies, sides, flanks, gils, ears throats, heads, scrap pieces or waste fur. 10. Fails to disclose that fur products contain or are composed of second-hand used fur.

11. Represents, directly or by implication, that fur products are guaranteed without disclosing the nature and extent of the guarantee and the manner and form in which the guarantor would perform thereunder. 12. Represents, directly or by implication, that a refund of the purchase price of any fur product wil be given under stated conditions unless a refund of the purchase price of such fur product is given under the stated conditions.

13. Represents, directly or by implication, that an exchange of any fur product will be given under stated conditions unless an exchange of such fur product given under the stated conditions.

It is further' orde,.ed That the respondent herein shall, within 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 which he has complied with this order.