Julius Berman

Text (OCR of the scan at left; may contain errors)

IN THE MA. TTER OF JULIUS BER!'IAN ET AL. TRADING BER1.ian BROTHERS CONSENT OIWER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE . FEDERAL TRADE CO:!\IMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 6863. Complaint, A IIfl. 11" 19/j" Dedsion, Nov. , 1957 Consent order requiring a N'ew York City furrier to cease violating the Fur Produ('ts Labeling Act by failing to la bel certain products as required and by invoieillg which showed the United States as the country of origin of furs whit-II were in fact imported.

11/1'. Cha.rle8 lV. Con.1U311 for the Commission. ll1 r. J uliu,-'i B a'nuln, illi'. ill ax B ennan and .:.111'. W ilUa1n B ernwn pro Be.

INITIAL DECISION BY EVEHETT F. I-L4.YCRAFT, I-IEARING EXAMINER The Federal Trade Commission issued its complaint against the above-named respondents on August 14, 1957, charging them with the use of unfair and deceptive acts and practices in commerce in violation of the prmrisions of the Federal Trade Commission Act, the Fur Products Labeling Act and the Rule.s and Regulations promulgated under the Fur Products Labeling Act. In lieu of submitting answer to said complaint, all of the respondents on September 20 1957, entered into an agreement for eon~ent order with counsel supporting the complaint disposing of all the issues in this proceeding in accordance with Section 3.25 of the Rules of Practice and Procedure. of th~ Commission, ,which agreement. has been duly approv('..d by the Director a.nd the Assistant Director of the Bureau of Litiga.tion.

By the t~Tms of said agreement, the respondents admitted all the jurisdictional facts alleged in the complaint and agreed that the record may be taken as if fu1dings of jurisdictional facts had been duly made in Rccordance with such allegations. Respondents in the agreement. expressly "waived any further procedural steps before the hearing examiner and the Commission; the making of findings of fact or eonclllsions of law; and all of the rights they may have to challenge or contest. the validity of the order to cease and desist entered in accordance with this agreement. It was further provided that said agreement, together with the complaint, shall constitute the entire record herein; that the agreement shall not become a part of the offlcinl record111nless and until it beeomes a part of the decision of the Commission; that said agreement is for settlement purposes only and does not constitute an admission by the respondents that . .

Order 54 F.

they have violated the law as alleged in the complaint. The agreement also provided that the order to cease and desist issued in accordance with said agreement shall have the same force and effect as if entered after a full hearing; that it 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. This proceeding having now come on for final consideration by the hearing examiner on the complaint and the aforesaid agreement for consent order, and it appearing that. said agreement provides for an appropriate disposition of this proceeding, the aforesaid agreement is hereby accepted and is ordered filed upon becoming part. of the Commission s decision in accordance ,with Sections 3.21 anc13. of the Hules of Practice; and in consonance with the terms of said findingsagreement, the hearing examinerandmakes theorder:following jurisdictional 1. Hespondents are Julius Berman, ~lax Berman, and "\Villiam Berman, individuals and eopartners trading as Berman Brothers with their office and place of business located at 305 Seventh Avenue in the City of New York, State of New York. 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 Federal Trade Commission Act and the Fur Products Labeling Act., and this proceeding is in the interest of the public. ORDER It 1S o'J'de'J'ed That respondents .Julius Berman, :Max Berman, and "\Villiam Berman, as individuals and as copartners trading as Berman Brothers, 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 manufact.ure for introduction into commerce, or the sale, advertising, or offering for sale in commerce, or in the transportation and distribution in commerce, of any fur product, or in connection with the manufacture for sale, sale, advertising, ofIiering for sale, transportation or distribution of any fur product ",'which has 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 Proclncts 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 produc\llg the fur or furs contained in the fur product as set forth in the Fnr BERMAN BROTHERS 639 '637 Decision Products Name Guide and as prescribed under the Rules and Regl.llations;

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

Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices to purchasers of 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 Reglllations;

(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 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, "hen such is the fact; (e) The name and address of the person issuing such invoices; (f) The name of the country of origin of any imported furs contained in the fur product.

DECISION OF TI-IE CO1\OIISSION AND OIWER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission s Hules of Practice the initial deeision of the hearing examiner did, on the 22nd day -of November, 1957 ~ become the decision of the Commission; and aeeordingly :

It is ordered That respondents Julius Berman, :Max Berman, and ,Villiam Berman, individually and as copartners trading as Berman Brothers, shall, within sixty (60) days after service upon them of this order I file with the Commission a report in writing, setting forth in detail the manner and form in which they have eomplied with the order to cease and desist.

, ,, Decision 54 F.