S. B. Levin Fur Com

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In tue Matter or S. B. LEVIN FUR Coo., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket C-1671. Complaint, Jan. 14, 1970—Decision, Jan. 14, 1970 Consent order requiring a New York City wholesale furrier to cease falsely invoicing its fur products.

CoMPrLAINT 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 S. B. Levin Fur Co., a partnership, and Samuel B. Levin, Irene Levin and Edith Fallek, individually and as copartners trading as S. B. Levin Fur Co., 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 com-plaint stating its charges in that respect as follows: Panacrary 1. Respondent S. B. Levin Fur Co. is a partnership, existing and doing business in the State of New York. Respondents S. B. LEVIN FUR CO., ET AL. 41 40 Decision and Order Samuel B. Levin, Irene Levin and Edith Fallek are individual eopartners in the said partnership.

Respondents are wholesalers of furs and fur products with their office and principal place of business located at 348 Seventh Avenue, New 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 sale, advertising, and offering for sale in commerce, and in the transportation and distribution in commerce, of fur products; and have 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 have introduced into commerce, and sold, advertised and offered for sale in commerce, and transported and distributed in commerce, furs, as the terms “commerce,” “fur” and “fur product” are defined in the Fur Products Labeling Act.

Par. 3. Certain of said furs or fur products were falsely and deceptively invoiced by the respondents 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 furs or fur products, but not limited thereto, were furs or fur products covered by invoices which failed to disclose that the furs or fur products were bleached, dyed or otherwise artificially colored, when such was the fact.

Par. 4. The aforesaid acts and practices of respondents, as herein alleged, are inviolation 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 Onrprr 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 there- Order 77 F.T.C.

after 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 ef said agreement is for settlement purposes only and dees 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 havimg determined that it has reason to 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 records for a period of thirty (80) days, now in further conformity with the procedure pr escribed in § 2.34(b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1. Respondent 8. B. Levin Fur Co. is a partnership, existing and doing business in the State of New York with its office and principal place of business located at 848 Seventh Avenue, New York, New York. Respondents Samuel B. Levin, Irene Levin and Edith Failek are individual copartners in the said partnership and their address is the same as that of said partnership. 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.

f) ORDER Zt is ordered, That respondents S. B. Levin Fur Co., a partnership, and Samuel B. Levin, Irene Levin and Edith Fallek, individually and as copartners tra ding as S. B. Levin Fur Co., or under any other name or names, and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the intreduction into commerce, or the s 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 o any fur product which is made in whole or in part of fur which ha been shipped and received in commerce; or in connection with the introduction into commerce, or the sale, advertising or offering for sale in commerce, of any fur, as the terms “commerce,” “fur” and “fur product” are defined in the Fur Products Labeling Act, do forthwith cease and desist from falsely or deceptively invoicing any 40 Complaint fur or fur product by 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 each of the subsections of Section 5(b)(1) of the Fur Products Labeling Act.

It is further ordered, 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.