Furs By William Greenberg, Inc.
Volume 74 · 74 F.T.C. 1442
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Furs By William Greenberg, Inc., 74 F.T.C. 1442 (1968). Consumer Law Library, https://consumerlawlibrary.org/decisions/v074-0074
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IN THE MATTER OF FURS BY WILLIAM GREENBERG, INC.
CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket C-1462. Complaint, Dec. 19G5-Decision, Dec. , 1.68 Consent order requiring a )J ew Yark City manufacturing furrier to cease misbranding and falsely invoicing its fur products, and issuing false guaranties that its fur products were not misbranded, falsely invoiced or advertised.
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 Furs By William Greenberg, Inc. a corporation, and William Greenberg, individually and as an offcer of said corporation, hereinafter referred to as respondents, have 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 Furs By William Greenberg, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York. Respondent William Greenberg is an offcer of the said corporation. He formulates, directs and cont;: ls the acts, practices and policies of the said corporate respondent including those herein- FURS BY WILLIAM GREENBERG , INC. 1443 1442 Complaint after set forth.
Respondents are manufacturers of fur products with their offce and principal place of business located at 224 West 30th Street, :\ ew York, New York.
PAR. 2. Respondents are now and for some time last past have been 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 have 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 or otherwise falsely or deceptively identified with respect to the name of the country of origin of furs contained in such fur products, in violation of Section 4 (1) of the Fur Products Labeling Act. Among such misbranded fur products, but not limited thereto were fur products labeled to show the country of origin of fur used in such fur products as United States when the country of origin of such furs was, in fact, Denmark. 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 without labels and fur products with labels which failed to show the country of origin of the imported furs contained in the fur products.
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 products 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 violation of the Fur Products Labeling Act in Decision and Order 74 F. that they were not invoiced in accordance with the Rules and Regulations promulgated thereunder inasmuch as 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 (g) of said Rules and Regulations.
PAR. 7. Respondents furnished false guaranties that certain their fur products were not misbranded, falsely invoiced or falsely advertised when respondents in furnishing such guaranties had reason to believe that fur products so falsely guarantied would be introduced, sold, transported or distributed in commerce, in violation of Section 10 (b) of the Fur Products Labeling Act.
PAR. 8. The aforesaid acts and practices of respondents, as herein alleged, are in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder and constitute unfair methods of competition and unfair and deceptive acts and practices 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 respondents named in the caption hereof, and the respondents 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 charge respondents with violation of the Federal Trade Commission Act and the Fur Products Labeling Act; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents 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 respondents that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission s Rules; and The Commission having thereafter considered the matter and having determined that it had reason io believe that the respondents have violated the said Acts, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of thirty (30) days, now in further FURS BY WILLIAM GREE1\BERG , INC. 1445 1442 Decision and Order conformity with the procedure prescribed in 34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1. Respondent Furs By William Greenberg, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of :\ew York, with its offce and principal place of business located at 224 Wcst 30th Street New York, Kew York.
Respondent Wiliam Greenbcrg is an offcer of said corporation and his address is the same as that of said corporation. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest. ORDER It is ordered That respondents Furs By Wiliam Greenberg, Inc., a corporation, and its offcers, and Wiliam Greenberg, individually and as an offcer of said corporation, and respondents 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, or 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 received in commerce, as the terms "commerce fur" and "fur product" are defined in the Fur Products Labeling Act, do forthwith cease and desist from: A. Misbranding any fur product by:
1. Failing to affx a label to such fur product showing in words and in figures plainly legible a1l of the information required to be disclosed by each of the subsections of Section 4 (2) of the Fur Products Labeling Act. 2. Falsely or deceptively labeling or otherwise falsely or deceptively identifying such fur product as to the country of origin of furs contained in such fur product. B. Falsely or deceptively invoicing any fur product by: 1. Failing to furnish an invoice as the term "invoice is defined in the Fur Products Labeling Act, showing in words and figures plainly legible a1l the information required to be disclosed by each of the subsections of Complaint 74 F.
Section 5 (b) (1) of the Fur Products Labeling Act. 2. Failing to set forth the term "natural" as part of the information required to be disclosed on an invoice under the Fur Products Labeling Act and Rules and Regulations promulgated thereunder to describe such fur product which is not pointed, bleached, dyed, tipdyed, or otherwise artificially colored. It is further ordered That respondents Furs By William Greenberg, Inc. , a corporation, and its offcers, and vVilliam Greenberg, individually and as an offcer of said corporation and respondents' representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from furnishing a false guaranty that any fur product is not misbranded, falsely invoiced or falsely advertised when the respondents have reason to believe that such fur product may be introduced, sold, transported, 01' distributed in commerce. It is further ordered That the respondent corporation shall forthwith distribute a copy of this Order to each of its operating divisions.
It is furthe,' orde,' 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.