Allied Stores of Ohio, Inc., trading as The Rollman Sons Company

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IN THE ~latter OF LLIED STOHES OF OHIO, INC., TRADING AS THE ROLL~1AN SONS CO~1P ANY CO~SENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\Il\IISSION AND THE FUR PRODUCTS LABELING ACT Docket 6805. Complaint, Jlall 20 , 19S"i'- Deci.tdon., Oct. , 1957 Con~ent order requiring a furrier in Cincinnati, Ohio, to cease violating the Fur Products Labeling Act by failing to comply with the labeling and inyoicing requirements: and by advertising which failed to disclose the names of animals producing the fur in certain products or that certain fur was artificiaUy colored, find failed to set forth the description "dyed mouton processed lamb" as required, 11Ir. S. F. H O'llse for the Commission. Sulli.van O?'O?n1.Vell by llfr. Robe?'t A. lllcDo. well of New York , for respondent.

INITIAL DECISION BY FRANK HIEH, l-IEARING E:XA~IINER Pursmmt to the provisions of the Federal Trade, Commission Act and the Fur Products Labeling Act, the Federal Trade Commission on )'Iay 20, IU57, issued and subsequently served its complaint in this proceeding against respondent AHied Stores of Ohio, Inc. , a corporation, trading as The Rollman Sons Company, existing and doing busine.ss under and by virtue of the Jaws of the State of Ohio, with its office and principal place of business located at Fifth and Vine Streets, Cincinnati, Ohio.

On August 9, 1957, there was submitted to the undersigned hearing examiner an agreement between respondent and c.ounsel supporting the complaint providing for the entry of a eon sent order. By the terms of said agreement, respondent admits all the jurisdictional facts alleged in the complaint and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in aecordance with such allegations. By snc.h agreement, respondent waives any further procedural steps before the hearing examiner and the Commission; waives the making of findings of fact and conclusions of law; and waives an of the rights it may have to challenge or contest the validity of the order to cease and desist entered in accordance ,with this agreement.. Snell agreement. Jnrther provides that. it disposes of an oJ this proceeding as to an parties; that the record on which this initial decision and the decision of the Commis~ion shnn 1)(' based shall consist solely of the complaint and this agreement: that the latter shall not bec.ome a part of the official ALLIED STORES OF OHIO, INC. , ET AL. 413 412 Order record unless and until it becomes a part of the decision of the Commission; that the agreement is for settlement purposes only and does not constitute an admission by respondent that it has violated the law as alleged in the complaint; and that the fo1Jowing order to cease and desist may be entered in this proceeding by the Commission without further notice to respondent, and, when so entered, it shall have the same force and effect as if entered after a full hearing, and may be altered, modified, or set aside in the manner provided for other orders; and that the complaint may be used in construing the terms of the order.

The. hearing examiner having considered the agreement and proposed order, and being of the opinion that they provide an appropriate basis for settlement and disposition of this proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the following order issued.

1. Respondent Allied Stores of Ohio, Ine., trading as The Rollman Sons Company, is a corporation existing and doing business under and by virtue of the laws of the State of Ohio, with its office and principal place of business located at Fifth and Vine Streets, in the City of Cineinnati, State of Ohio.

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 I t is O?ylered That the respondent Allied Stores of Ohio, Ine. , a corporation, and its officers, whether trading as The Rollman Sons Company or any other trade name or in any other manner, and respondent's representatives, agents or employees directly or through any corporate or other device, in connection with the introduction into comme.rc.e, or the sale, advertising or offering for sale in commcree., or the transportation or distribution in commerce of any fur proc1l1ct, 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 "hkh has been shipped and received in comme!'ce ~ as "commerce, " "fur" and "fur product" are defined in the. Fur Products Labeling Act., do forthwith cease and desist from: J. Misbranding fur products by:

(a) Failing to affix labels to fur products sho\\-ing: (1) The name or names of the animal or animals producing the fur or i'nrs contained in the fur product as set forth in the Fur Products X ame Guide and as prescribed under the Rules and Regu- JatlOns:

414 tFEDERAL TRADE COMl\lission DECISIONS Order 54 F. T. C.

(2) That the fur product contains or lS composed of used fur when such is the fact;

(3) That the fur product contains or is composed of bleached dyed, or artificially colored fur, when such is the fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact; (5) The name, 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 sold it in commerce, advertised or offered it for sale in commerce, or transported or distributed it in commerce; (6) The name of the country of origin of any imported furs used in the fur product;

(7) The item number or mark assigned to a fur product in violation of R.ule 40 of the R.ules and Regulations. (b) Setting forth on labels attached to fur products: (1) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and R.egulations promulgated thereunder in abbreviated form;

(2) Information required under Section 4 (2) of the Fur Products Labeling Act and the R.ules and Regulations promulgated thereunder which is intermingled with non-required information; (3) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting.

2. Falsely or deceptively invoicing fur products by: (a) Failing to furnish invoices to purchasers of fur products: showing:

(1) 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 Name Guide and as prescribed under the Rules and Regulations;

(2) That the fur product contains or is composed of used fur when such is the fact;

(3) That the fur product contains or is composed of bleached dyed, or otherwise artificially colored fur, when such is the fact; (4) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact; (5) The name and address of the person issuing such invoices; (6) The na.me of the country of origin of any imported furs contained in the fur product;

(7) The item number or mark assigned to thIJ fur product in violation of Uule 40 of the Rules and Regulations. ALLIED STORES OF OHIO , INC., ET AL. 415 412 Decision (b) Setting forth information required under Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form. 3. Falsely or deceptively advertising fur products through the llse of any advertisement, representation, public announcement, or notice which is intended to aid, promote, or assist, directly or indirectly, in the sale or offering for sale of fur products, and which: (a) Fails to disclose 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 Name Guide and as prescribed under the said Rules and R.egulations;

(b) Fails to disclose that the fur products are bleached, dyed, or otherwise artificially colored, when such is the fact in violation of Section 5 (a) (3) of the Fur Products Labeling Act. (c) Fails to use the complete term ":Mouton-processed Lamb" when an election is made to use the description provided for in Rule 9, instead of merely the animal name "Lamb. DECISION OF THE CO::.\Il\fISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Sec. 3.21 of the Commission s Rules of Practice, the initial decision of the hearing examiner shall, on the 1st day of October, 1957, become the decision of the Commission; and, accordingly: It is ordered That the respondent herein shall, within sixty (60) days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with the order to cease and desist. , .

Decision 54 If. C..