Ben Stecker, also known as Ben Stecher

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IN THE l\1:A'ITER OF BEN STECKER, ALSO I\:NO",VN AS BEN STECHER TRADING AS DUl\1:0NT FURS CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COl\Il\nSSION AND THE FUR PRODUCTS LABELING ACTS Docket 6817. Complaint, June 11, 1957-Decision, Nov. , 195" Consent order requiring a New Y 01'1\: City furrier to cease violating the Fur Products Labeling Act by failing to comply with the labeling and invoicing requirements.

ill r. John T. lVallcer fm: the Commission. j.1fr. Angelo 111. Torrisi of New York, N. , for respondent.. INITIAL DECISION BY LOREN I-1. LAUGHLIN , HEARING EXAMINER The Federal Trade Commission (sometimes also hereinafter referred to as the Commission) issued its complaint herein charging the above-named respondent, Ben Stecker, also known as Ben Stecher, an individual trading as Dumont Furs, with having violated the provisions of the Federal Trade Commission Act in certain particulars.

On October 3, 1957, there was submitted to the undersigned hearing examiner of the Commission for his consideration and approval an "Agreement Containing Consent Order To Cease And Desist " which had been entered into by and between said respondent and by his attorney and John T. ",Yalker, counsel supporting the subject to thecomplaint, under date of September 24 , 1957, and approval of the Bureau of Litigation of the Commission. Such agreement had been thereafter duly approved by that Bureau. On due consideration of the said "Agreement Containing Consent finds that saidOrder To Cease And Desist " the hearing examiner agreement, both in form and in content, is in accord with Section 3. of the Commission s Rules of Practice for Adjudicative Proceedings and that by said agreement the parties have specifically agreed that: 1. Respondent Ben Stecker, also kno""n as Ben Stecher, is an individual trading as Dumont Furs, with his office and principal place of business located at 115 ,Vest 30th Street, in the City of New York, State of New York.

2. Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act, the Federal Trade Commission, on June 11 , 1957, issued its complaint in this proceeding served onagainst respondent, and a. true copy was thereafter duly responden t.

Order 54 F.

3. Respondent admits aU the jurisdictional facts aUeged in the complaint and agrees that the record may be taken as if findings of jurisdictional facts had be~n duly made in accordance with such allegations.

4. This agreement disposes of all of this proceeding as to parties.

5. Respondent waives:

(a) Any further procedural steps before the hearing exan~ner andthe Commission; (b) The making of findings of fact or conclusions of law; and (c) All of the rights he may have to challenge or contest the validity of the order to cease and desist entered in accordance with this agreement.

6. The record on which the initia.l decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreemen 7. This agreement shall not become a part of the official record unless and until it becomes a part of the decision of the Commission. 8. This agreement is for settlement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint.

Upon due consideration of the complaint filed herein, and the said "Agreement Containing Consent Order To Cease And Desist the latter is hereby approved, accepted and ordered filed, the same not to become a part of the record herein, unless and until it becomes part of the decision of the Commission. The hearing examiner finds from the complaint and the said "Agreement Containing Consent Order To Cease And Desist " that the Commission has jurisdiction of the subject matter of this proceedillg and of the person of the respondent herein; that the complaint states a legal cause for complaint under the Federal Trade Commission Act both generally and in each of the particular charges alleged therein; that this proceeding is in the interest of the public; that the follmying order as proposed in said agreement is appropriate for the full disposition of all the issues in this proceeding, such order to become final only if and when it becomes the order of the Commission; and that said order, therefore, should be, and hereby is, entered as folio,,' ORDER It is onlered That Ben Steeker, also kno,,-n as Ben Stecher, an individual trading as Dumont Furs, or under any other trade name and respondents representatives, agents and ernployees, directly ' or through any corporate or other device, in connection with the in- DUMONT FURS 627 625 Order troduction 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 any fur product, or in connection with the manufacture for sale, sale, advertising, 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. ~1isbranding fur products by:

1. Falsely or deceptively labeling or otherwise falsely or decepaffixing a label theretotively identifying any such fur product by that contains a Registered Identification Number other than respondent' 2. 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 Products Name 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;

(c) That the fur product contains or is composed 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 waste fur, when such is the fact; (e) The name or other identification registered by the Commissuch fur productsion, of one or more persons who manufactured for introduction into commerce, introduced it in commerce, advertised or offered it for sale in commerce; (f) The name of the country of origin of any imported furs used in the fur product;

(g) The item number or mark assigned to a fur product. B. Falsely or deceptively invoicing fur products by: products 1. Failing to furnish invoices to purchasers of fur 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 Name Guide and as prescribed under the Rules and Regulations;

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

(c) That the fur product contains or is composed of bleached dyed or otherwise artificially colored fur, when such is the fact; 628 FEDERAL TRADE . COMMISSION DECISIONS Decision 54 F. ~r. c.

(d) That the fur product is composed, in whole or in substantial part, of paws, tails, bellies, or waste fur, when 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 furs used in a fur product;

(g) The item number or mark assigned to a fur product. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner did, on the 19th day of November, 1957 become the decision of the Commission; and accordingly:

1 t is ordered That respondent Ben Stecker, also known as Ben Stecher, an individual trading as Dumont Furs, shall, within sixty (60) days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with the order to cease and desist. , BRESLAU ET AL. 629 Decision