Jacob Small

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IN THE MATTER OF JACOB SMALL CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket C-16' 62. Complaint, Dec. 1969-Decision, Dec. 19, 1969 Consent order requiring a New York City commission fur dealer to cease falsely invoicing his fur products.

JACOB SMALL 959 958 Complaint COMPLAINT Pursuant to tho 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 Jacob Small, an individual trading as Jacob Small, 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 Jacob Small is an individual trading under his own name.

Respondent is a commission fur dealer with his offce and principal place of business located at 227 West 29th Street, New York, New York.

PAR. 2. Respondent is now and for some time last past has been 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 received in commerce; and has introduced into commerce, sold, advertised and offered for sale in commerce and transported and distributed in commerce, furs, as the terms commerce, fur" and IIfur product" are defined in the Fur Products Labeling Act.

PAR. 3. Certain of said fur products or furs 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 or furs but not limited thereto, were fur products or furs covered by invoices which failed:

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

2. To show the name or names (as set forth in the Fur Products Name Guide) of the animal or animals that produced the fur contained in the fur products or furs.

Complaint 76 F.

3. To show the country of origin of imported furs or those contained in a fur product.

PAR. 4. Certain of said furs or fur products were falsely and deceptively invoiced with respect to the name of the country origin of imported furs or furs contained in a fur product, in violation of Section 5 (b) (2) of the Fur Products Labeling Act. Among' such falsely and deceptively invoiced furs or fur products, but not limited thereto, were imported furs or those contained in a fur product, covered by invoices which failed to show the country of origin of such imported furs or furs contained in fur products. The omission of the required material fact as to the country of origin of the imported furs or furs contained in a fur product implied that the said furs were of domestic origin, when in truth and in fact the said furs were of foreign origin, in violation of Section 5 (b) (2) of the Fur Products Labeling Act. PAR. 5. Certain of said fur products or furs were falsely and deceptively invoiced in violation of the Fur Products Labeling Act for the reason that they were not invoiced in accordance with the Rules and Regulations promulgated thereunder in that the fact that said fur products or furs were composed of bleached, dyed or otherwise artificially colored fur was not disclosed in the required information on invoices covering the said fur products or furs in violation of Rule 19 (a) of said Rules and Regulations. PAR. 6. 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 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 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 charge respondent with violation of the Federal Trade Commission Act and the Fur Products Labeling Act; and JACOB SMALL 961 958 Decision and Order 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 respondent 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 to believe that the respondent has 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 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 Jacob Small is an individual trading under his o\vn name.

Respondent is a commission fur dealer with his offce and principal place of business located at 227 West 29th Street, New 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 O1"dend That respondent Jacob Small, an individual trading under his own name or any other name, and respondent' 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; or 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 furs as the terms Hcommerce fur" and "fur product" are defined in 962 FEDERAL TRADE CO:\IMISSIOK DECISIONS Decision and Order 76 F, the Fur Products Labeling Act, do forthwith cease and desist from falsely or deceptively invoicing furs or fur products 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 all the information required to be disclosed by Section 5 (b) (1) of the Fur Products Labeling Act.

2. IVTisrepresenting in any manner on an invoice, directly or by implication, the country of origin of any imported fur or fur contained in a fur product.

3. Failing when a fur or fur product is pointed or contains or is composed of bleached, dyed 01' otherwise artificially colored fur, to disclose such facts as a part of the required information on invoices pertaining thereto. It is fu?'the)' olde1'd 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.