Dexter' S Furriers, Inc.

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IN THE l\1A TTER OF DEXTER' S FURRIERS, INC., ET AL.

CONSENT onder, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE C031l\IISSION AND THE FUR PRODUCTS LABELING ACTS Docket 6821. Colnplai-nt, June 1'/ 195'/- Decision, Oct. , 195'/ Consent order requiring a funier in Salem, Mass" to cease violating the Fur Products Labeling .-\c:t b~' failing to comply with the labeling and in\oicing requireJl1ent~: and by advertising in newspapers which failed to Ilisclose the names of animals producing the fur in certain products and that certain furs vlo ere artificially colored, which contained the names of animals other than those producing certain furs, and which misrepresented pi'ices and values and tile souree of their stock; :lhl by failing in other respects to comply with requirements of the Act.

John T. 1Valker Esq., for the Commission. Respondents, P?'O se.

INITIAL DECISION BY JOSEPH CALLAWAY, HEARING Ex.Al\IINER The Federal Trade Commission issued its complaint against the above-named respondents on June 17, 1957, charging them with having violated the Fur Products Labeling Act, the rules and regulations issued thereunder, and the Federal Trade Commission Act by misbranding, falsely advertising and falsely invoicing their fur products. Respon den ts entered in to an agree,men t, dated July 29 , 1957 containing a consent order to cease and desist, disposing of all the issues in this proceeding without he.aring, "which agreement has been duly approved by the Assistant Director and the Director of the Bureau of Litigation. Said agreement has be.en submitted to the undersigned, heretofore duly designated to act as hearing examiner herein, for his consideration in accordance with Section 3.25 of the R.nle.s of Practice of the Commission.

respondents, pursuant to the aforesaid agreement, have admitted all of the. jurisdictional allegations of the complaint and agreed that the record may be taken as if findings of jurisdictional facts had been made. duly in accordance. with such allegations. Said agreement further provides that respondents waive all further procedural steps before the hearing examiner or the Commission, including the making of findings of fact or conclusions of law and the right to challe,n~e or contest the yaliditv of the order to cease and desist entered In accordance Ivith such :lQ"reement. It has also been aQ,Teed that the Order 54 F. T. C.

record herein shall consist solely of the complaint and said agreement, that the agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission that said agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint, that said order to cease and desist shall have the same force and effect. as if entered after a full hearing nndmay be altered, modifie, , or set aside in the manner provided for other orders, and that the complaint may be used in constructing the terms of the order.

This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing the consent order and it appearing that the order and agreement cover all of the allegations of the complaint and provide for appropriate disposition of this proceeding, the agreement is hereby accepted and ordered ,filed upon this de.cision and said agreement becoming part of the Commission s decision pursuant to Sections 3.21 and 3.25 of the Rules of Practice, and the hearing examiner accordingly makes the following findings, for jurisdictional purposes, and order: 1. R.respondent Dexter s Furriers, Inc., is a corporation existing and doing business under and by virtue of the laws of the State of :Massachusetts, with its office and principal place of business at 231 1Vashington Street, in the City of Salem, State of l\lassachusetts. Respondent Benjamin Allen is treasurer of said corporaterespondent and he formulates, directs and controls the policies, acts and practices of said corporate respondent.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents hereinabove named. The complaint states a cause of action against said respondents under the Fur Products Labeling Act and the Federal Trade Commission Act, and this proceeding is in the interest of the public. ORDER t is o?Yle?' That respondents, Deste.r s Furriers, Inc., a corporation, and its offcers, and Benjamin Allen, individually and as officer of said corporation, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction into commerce, or manufacture for introduction into commerce, or the sale, advertising, or offering for sale in commerce, or the transportation or distribution in commerce of fur products, or in connection with the manufacture for sale, sale DEXTER' S FURRIERS , INC. , ET AL. 423 421 Order advertising, offering for sale, transportation or distribution of fur products which have been made in whole or in part of fur which has been shipped and received in commerce, as "commerce fur" and fur product' are defu1ed in the Fur Products Labeling Act, do forthwith cease and desist from:

A. :Misbranding fur products by:

1. Failing to affix labels to 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 Prod- 11cts Name Guide and as prescribed under the Rules and Regulations; (b) That the fur product contains or is composed of used fur w hen such is the fact;

(c) That the fur product contains or is composed of bleached dyed or othenyise artificially colored fur, when such is the fact; (d) That the fur product is composed, in whole or in substantial part of paws, tails, beJIies or waste fur, ",hen such is the fact. ( e) 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 o:fl'ered it for sale in commerce transported or distributed it in commerce. The name of the country of origin of any imported furs used (f) in the fur product.

2. Setting forth on labels attached to fur products: (a) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations thereunder in abbreviated form.

(b) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations thereunder mingled with non-required information.

(e) Information required under Section 4(2) of the Fur Products Labeling Ad and the Rules and Regulations thereunder in handwriting.

B. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices to purehasers of fllr products showmg:

(f1) 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 Regulntions.

,, , ,, , Decision 54 F. T. C.

(b) That the fur product contains or is composed of used fur 'When such is the fact.

(c) That the fur product contains or is composed of bleached dyed, or othenyise 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 "'aste fur hen such is the fact. (e) The name and address of the person issuing such invoice. (f) The name of the country of origin of any imported fur contained in a fur product.

2. Setting forth on invoic.es the name or names of any animal or animals other than the name or na.mes provided for in Paragraph B(l) (a) above.

3. ~L\bbreviating on invoices information required under Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Regulations thereunder.

C. Falsely or deceptively advertising fur products through the use of any achertisement, 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: 1. Fails to disclose:

( 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 Name Guide, and as prescribed under the Rules and Regulations.

(b) That the fur product contains or is composed of bleached dyed, or othenyise artifi.cindy colored fur, when such is the fact. 2. Contains the name or names of any animal or animals other than the name or names provided for in Paragraph C(l) (a) above. 3. Contains information required under Section 5 (a) of the Fur Products Labeling Act and the Rules and Regulations thereunder in print that is not of equal size and c.onspicuousness. 4. Represents that fur products offered for sale constitute A fantastic purchase of thousands of doDars of luxurious furs from famous reputable 1\ C'W England Furrier " or words of similar import. hen such is not the fact..

D. l\Iakes pricing cJn.ims or representatjons in advertisements respecting reduced prices comparative prices or percentage savings claims, vahle or quality of furs or fur products, unle,ss there is maintained by respondents, adequate records disclosing the facts upon which such claims or representations are based. DEx'rER' S FURRIERS , INC., ET AL. 425 421 Decision DECISION OF THE COl\DIISSION AND OIWER TO FILE REPORT OF CO::\IPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shan, on the 3rd day of October, 1957, become the decision of the Commission; and, accordingly:

1 t is orde?' That the respondents herein shan 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 the order to cease and desist. Decision 54 F.