Goldin-Feldman, Inc., et al.

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IN THE YIATl'ER OF GOLDlN-FELD:lian, INC., ET AL.

CONSl' NT ORDER ETC. IN REGARD TO THE ALLF GED VIOLATIQ:: OF THE FED- ERAL TRADE CO)IJIlSSlON ACT AND OF THE FUR PRODUCTS LABELING ACT Docket 6266. Cornpl.nfnt, Nov. 1954-Decision, Mar. , 1955 Consent order requiring furriers in New York City to cease violating the Fur Products Labeling Act through misbranding and false invoicing of mink stoles, jackets, and other fur garments 8S to the country of origin, and otherwise failng to comply with requirements of the Act. Before Mr. Frank H icj' hearing examiner. )lr. Williams. Tincher for the Commission. Baron Baron of Brooklyn, N. Y., for respondents. CO:HPI..AINT 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 Goldin-Feldman, Inc., a corporation; 110rris Schiling and Wiliam Feldman individually and as offcers of said corporation, and Morris Schillng, IVilliam Feldman and Fred Goldin, copartners trading as A. Goldin-S. Feldman Company, 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 fol. lows:

PAHAGHAPH 1. Respondent Goldin-Feldman, Inc., is a corporation organized under the laws of the State of New York. Its offcers are :lIorris Schiling, President, and Wiliam Feldman, Secretary-Treasurer. These individuals formulate, direct and control the acts and practices of corporate respondent. Respondents Morris SchiJing, Wiliam Feldman and Fred Goldin are copartners trading as A. Goldin-S. Feldman Company. The offce and principal place of business of all respondents is 345 Seventh A venue, Now Yark, N ew York. PAR. 2. Subsequent to the effective date of the Fur Products Labeling Act on August 9, 1952, the respondents have introduced, manufactured for introduction, sold, offered for sale, transported, and dis- 844 FEDERAL TRADE COJ\L\fISSION DECISIONS Decision 51 F.

tribllt.ed in commerce, as "commerce ' is defined in the Fur Products Labeling Act, fur products, as that term is defined in such Act, and have manufactured for sale, sold, offered for sale, transported, and distributed, fur products, which have been made in whole or in part of fur, which had been shipped and received in commerce. Among such fur products were mink stoles, jackets and other garments. PAn. 3. Certain of said fur products were misbranded in that they were falsely and deceptively labeled or otherwise falsely and deceptively identified with respect to the name of the conn try of origin of impurted furs contained in said fur products, in violation of Section 4 (1) of the Fur Products Labeling Act.

PAR. 4. Certain of said fur products were misbranded in that they were not labeled as required under' the provisions of Section '1 (2) of the Fur Products Labeling Act anel in the manner and form prescribed by the Hllies and Regulations promulgated there.under. PAR. 5. Ce.rtain of said fur products were falsely and deceptively invoiced in that they 'Were not invoiced as required under the provisions of Section 5 (b) (1) of the Fur Products Labeling Act and in the manner and form prescribed by the Rules and Regtdations promulgated thereunder.

PAR. 6. Certain oJ said fur products were falsely nnd deceptively invoiced in that such invoices misrepresented the name of the country of origin of imported furs contained in said fur products, in vlobtion of Section 5 (b) (2) of the Fur Products Labeling Act. PAR. 7. The aforesaid acts and practices of respondents ,were in violation of the Fur Products Labeling Act and the Rules and Hegulabons promulgated thereunder, and constituted unfair and deceptive acts and practices in commerce withiIl the jntent and meaning of the Federal Trade Commission Act.

DECISION OF THE C03nnSSION Pursuant to Rule XXII of the Commission s Rules of Practjce and as set forth in the Commission s "Decision of 1he Commjssion and Order to File Report of Compliance " dated 11arch 18, 1955 the initial decision in the instant matter of hearing examjner Frank 1-lier, as set out as follO'vs, became on that date the decision of the Commission.

IXITIAL DECISION BY FHA NK lIIEH, IIEAHING EX.-'II:;7EH Pursmmt to the provisions of the Federal Trade Commissjon Act and the Fur Products Labeling Act, the Federal Trade Commission GOLDIN-FELDMAK, IXC. , ET AL. 845 843 Onler on K ovember 26, 1954, issued and subsequently served its complaint upon respondents herein, who have their principal place of business at 345 Seventh Avenue, Kew York, New York, and arc engaged in the manufacture, sale and distribution of fur products. On February 1, 1955, there was filed with the Federal Trade Commission a stipulation between the parties providing for entry of a consent order, which stipulation appears of record. By the terms thereof respondents admit all the jurisdictional allegations set forth in the complaint; stipulate that the record herein may be taken as if the Commission had made findings of jurisdictional facts in aceorda,nee with such allegations and stipulate that the agreement is for settement purposes only and does not constitute an admission by respondents that t.hey have engaged in any violation of law. The parties to such stipulation expressly waive the filing of an answer; a hearing before the hearing examiner or the Commission; the making of findings of fact or conclusions of law by the hearing examiner or the Commission; the filing of exceptions or oral arguments before the Commission, and all other and further procedure before the hearing examiner and the Commission to which respondents may be entitled under the Federal Trade Commission Act 01' the Rules of Practice of the Commission. Such stipulation further provides that respondents agree that the order hereinafter entered shall have the same force and effect as if made after a fun hearing, presentation of evidence, and findings and conclusions thereon; specifically waive any and an right, power or privilege to challenge or contest the validity of the order entered in accordance with the stipulation; further, that the stipulation, together with the complaint, constitutes the entire record herein and that the complaint llay be used in construing the terms of the aforesaid order which order may be altered, modified or set aside in the manner provided by the statute for orders of the Commission. Such stipulation further provides that it is subject to a.approval in accordance with Rule V and XXII of the Commission s Ilules of Practjce and that sa.id order shall have no force and effect unIe,ss and unt.il it becomes the order of the Commission.

. On the basis of the foregoing, the undersigned hearing examiner concludes that this proce'"eding is in the, public interest and in conformity vl"th the action contemplated anll agreed upon by suc.h stipulation makes the following order:

ORDER It is ordo' That respondent Goldin- Fe1c1man, Inc., a corporation and ,its offcers; respondents )lorris Schilling and \Villiam Feldman Order ;)1 F. T. C. individually and as offcers of said corporation, and )Iol'.js Schilling, vViIliam Feldman and Fred Goldin, copartners trading as A. Goldin- S. Feldman Company, or under any other name, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction or manufacture Tor introducing into commerce, or the sale or offering for sale in commerce, or the transportation or distribution in commerce, of any fur products; or in connection with the manufacturing for sale, sale, 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 "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. Falsely or deceptively labeling or otherwise .identifying such products as to. the name of the cauntry of origin of any imported furs contained in such fur products.

2. Failing to affx labels to fur products showing; (a) The name 0.1' names of the animal or animals producing the fur or furs contained in the fur product asset forth in the Fur Products Kame Guide and as prescribed under the !rules and Hegulat-ons; (b) That the fur product contains or is composed of used fur, when such is a fact;

(c) That the fnr product contains or is composed of bleached, dyed or otherwise artificially colored fur, \Vhe11 such is a fact; (d) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is a fact; (e) The mune, or other identification issued and registered by the Commission, of one or more persons who. manufactured such fur product for introduction into commerce, introduced it into. commerce, said it in commerce, advertised or offered it for sale in commerce, or transported 0.1' distributed it in commerce;

(f) The name of the country of origin of any imported furs used in the fur product.

B. Falsely or deceptively invoicing fur products by; 1. Failing to furnish inyo.ices to. purchasers af fur products showing:

(a) The name or names of the animal or animals producing the fur or furs contained in the fur product, as set forth in the Fur Products ame Guide and as prescribed under the Rules and Regulations; (b) That the fur product contains or is composed of used fur, when such is the fact;

, GOLDIN-FELD:MAX, INC., ET AL. 847 8-1 Order (c) That thc fur product contoins or is composcd of bleached, dyed or otherwise artificially colored fur, when such is the fact; (d) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waSle fur when such is the fact; (e) The name and address of t.he porson issuing such invoice; (f) The name of t.he country of origin of any .imported fur or furs contained in a fur product.

2. Using on invoices the name of any country of origin of fur or furs contained in any fur product other than the actual name of the country of origin of fur or furs contained in said fur product, or furnnishing invoices which contain any form of misrepresentation Or deception, directly or by implication, with respect to such fur product. ORDER TO FILE REPORT OF COUPLTANCE It ia 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 Im\'e complied with the order to cease and desist (as required by said declaratory decision and order of "larch 18, 1955J. 423783-38- &, &, 848 FEDERAL TRADE COMMISSIOK DECISIONS Complaint 51 F. T. C.