Marvin Polk et al.
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Title 16-COMMERCIAL PRACTICES Chapter I— Federal Trade Commission [Docket C—280] PART 13— PROHIBITED TRADE PRACTICES Marvin Polk et al.
Subpart—Concealing, obliterating or removing law required and informative marking: § 13.512 Fur products tags or identification. Subpart—Invoicing prod ucts falsely: § 13.1108 Invoicing products falsely: § 13.1108-45 Fur Products Label ing Act. Subpart—Misbranding or mis labeling:
§ 13.1212 Formal regulatory and statutory requirements: § 13.1212- 30 Fur Products Labeling Act. Sub part—Neglecting, unfairly or deceptively, to make material disclosure: § 13.1845 Composition: § 13.1845-30 Fur Products Labeling Act; § 13.1865 Manufacture or preparation: § 13.1865-40 Fur Products Labeling Act; § 13.1880 Old, used, or re claimed as unused or new: § 13.1880-40 Fur Products Labeling Act; §13.1900 Source or origin: § 13.1900-40 Fur Prod ucts Labeling Act: § 13.1900-40(a) Maker or seller; § 13.1900-40(b) Place. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; sec. 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and desist order, Marvin Polk trading as Parker Fur Company, etc., et al., Chicago, 111., Docket C-280, Dec. 18, 1962] In the M atter of Marvin Polk, an Indi vidual Trading as Parker Fur Com pany and as Re-Sale Fur Salon, and Richard Polk, Individually and as a Salesman of Parker Fur Company and R e-Sale Fur Salon Consent order requiring Chicago fur riers to cease violating the Fur Products Labeling Act by failing to show on labels and invoices the true animal name of furs and to disclose when furs were arti ficially colored; to show the name of the manufacturer* etc., on labels, and the country of origin of imported furs on invoices; to disclose on invoices and in newspaper advertising when fur prod ucts were “secondhand”; by substituting nonconforming labels for those affixed by manufacturers or distributors; and by failing in other respects to conform to labeling and invoicing requirements. The order to cease and desist, includ ing further order requiring report of compliance therewith, is as follows: It is ordered, That respondents Mar vin Polk, an individual trading as Parker Fur Company, Re-Sale Fur Salon or un der any other trade name, and Richard Polk, individually and as a salesman of Parker Fur Company or Re-Sale Fur Salon, and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, o manufacture for introduction, into com merce, or the sale, advertising or onerwg for sale, in commerce, or the transpor tion or distribution in commerce of any fur product; or in connection with me sale, manufacture for sale, advertisms, offering for sale, transportation or tribution, of any fur product which been made in whole or in part o winch has been shipped and receiv commerce as “commerce”, fur “fur product” are defined m ^ Products Labeling Act, do fo cease and desist from:
1. Misbranding fur products b;7- A.
Failing to affix labJ s^ ^ sPpilinly showing in words and figures p legible all the information required i» disclosed by each of the subsec section 4(2) of the Fur Products L ing Act.
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Wednesday, January 16, 1963 FEDERAL REGISTER B. Setting forth information required under section 4(2) of the Pur Products Labeling Act and the Rules and Regula tions promulgated thereunder in ab breviated form.
C. Affixing labels to fur products that do not comply with the minimum size requirements of one and three-quarter inches by two and three-quarter inches. D. Setting forth information required under section 4(2) of the Fur Products Labeling Act and the Rules and Regu lations promulgated thereunder in hand writing.
E. Failing to set forth on labels the item number or mark assigned to a fur product.
2. Falsely or deceptively invoicing fur products by:
A. Failing to furnish invoices to pur chasers of fur products showing all the information required to be disclosed by each of the subsections of section 5(b) (1) of the Pur Products Labeling Act. B. Setting forth information required under section 5(b) (1) of the Fur Prod ucts Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form.
C. Failing to disclose that fur prod ucts are “secondhand” when in fact such fur products have been worn or used by ultimate consumers.
D. Failing to set forth on invoices the item number or mark assigned to a fur product.
E. Using coined, fictitious or non-ex istent animal names to describe fur products.
3. Falsely or deceptively advertising fur products through the use of any advertisement, representation, public an nouncement or notice which is intended to aid, promote or assist, directly or in directly, in the sale, or offering for sale of fur products and which : A. Fails to set forth in words and fig ures plainly legible all the information required to be disclosed by each of the subsections of section 5(a) of the Fur Products Labeling Act.
* puils to describe fur products as econdhand” when such fur products nave been previously worn by ultimate consumers.
^ > ;er drdered, That respondents ParkpÎv?01^’ an ^dividual trading as r ComPany, Re-Sale Fur Salon, Richard D ?>ny. other trade name, and mL pf DP0l,k’ mdividuaUy and as a sales- Pur qnioTfrke^Fur Company or Re-Sale tives resP°ndents’ representathron^fo«^ and employees, directly or connertin«'y corporate or other device, in sale or °m.Wltb. tbe selling, offering for have bepnrcivSSmg fur ProduQts which or received to commisbrandin°JfhWlth cease and desist from for the lahfifUrj?roducts by substituting »4 Such fur ^ od - Products sectl°n 4 of the Fur not coxfformbtn Act labels which do aforesaid tbe requirements of the hoi Promtf, Rules and Régula it iv .midgated thereunder. sPonden4 w ordered> That the re lays S t e r * S 5 Sha11’ within sixty (60) °rder, fue wit-hTvf6 apon .them of this ^ writing setting6 Commission a report s setting forth in detail the man ner and form in which they have com plied with this order.
Issued: December 18, 1962. By the Commission.
[seal] J oseph W. Shea, Secretary.
[F.R. Doc. 63-418;
Filed, Jan. 15, 1963;
8:45 a.m.]