Samuel Glass
Volume 54 · 54 F.T.C. 759
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Samuel Glass, 54 F.T.C. 759 (1957). Consumer Law Library, https://consumerlawlibrary.org/decisions/v054-0115
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In roe Marrrr or SAMUEL GLASS TRADING AS SAMUEL GLASS CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCYS LABELING ACTS Docket 6874. Complaint, Aug. 28, 1957—Decision, Dec. 20, 1957 Consent order requiring a furrier in Philadelphia, Pa., to cease violating the Fur Products Labeling Act by failing to comply with its labeling and invoicing requirements. .
Mr. S. F. House for the Commission.
Fox, Rothschild, OBrien & Frankel, by Mfr. Nathan L. Posner, of Philadelphia, Pa., for respondent.
INITIAL DECISION BY FRANK HIER, HEARING EXAMINER Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act, the Federal Trade Commission on August 23, 1957, issued and subsequently served its complaint in. this proceeding against. respondent. Samuel Glass, an individual trading as Samuel Glass, with his office and principal place of business located at 128 S. 11th Street, Philadelphia, Pa. On October 24, 1957, there was submitted to the undersi¢ned hearing examiner an agreement between respondent and counsel supporting the complaint providing for the entry of a consent order. By the terms ol 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 accordance with such allegations. By such agreement, respondent waives any further procedural steps before the hearing examiner and the Commission; the making of findings of fact and conclusions of law; and waives 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. Such agreement. further provides that it dispeses of all of this proceeding as to all parties; that the record on which this initial decision and the decision of the Commission shall be based shall consist solely of the complaint and this agreement; that the latter shall not become a part of the official 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. he has violated the law as alleged in the complaint; and that the following order to cease and desist may be entered in this proceeding by the Commission without. further notice to respondent, and, when so Order 54 F.T.C.
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 and 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 Samuel Glass is an individual trading as Samuel Glass, with his office and principal place of business located at 128 S. 11th Street, in the city of Philadelphia, Pa. 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 Tt is ordered, That the respondent Samuel Glass, an individual trading as Samuel Glass, or trading under any other name or names, and respondent’s representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction into commerce or the sale, advertising, offering for sale, transportation or distribution of fur products in commerce, or in connection with the sale, 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 products” are defined in the Fur Products Labeling Act, do forthwith cease and desist from:
1. Misbranding fur products by:
(a) Failing to affix labels to 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 other wise 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 SAMUEL GLASS 761 759 Decision 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.
(b) Failing to show on labels attached to fur products the item numbers or marks assigned to fur products as required by rule 40 of the rules and regulations.
(c) Setting forth on labels affixed to fur products: (1) Information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations thereunder in abbreviated form;
(2) Information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations thereunder which is intermingled with nonrequired information.
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 name of the country of origin of any imported furs contained in a fur product.
(b) Failing to show on invoices furnished purchasers the item numbers or marks assigned to fur products as required by rule 40 of the rules and regulations.
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 shall, on the 20th day of December 1957, become the decision of the Commission; and, accordingly:
It is ordered, That the respondent herein shall, within sixty (60) days after service upon him of this order, file with the Commission a reports 1 4 2 3 2 679 2588 33 31 96.877213 in5 1 4 2 3 3 728 2587 132 39 96.872498 writings 1 4 2 3 4 876 2585 125 39 96.703239 settings 1 4 2 3 5 1017 2584 91 31 96.907455 forth5 1 4 2 3 6 1124 2584 32 30 96.908234 in5 1 4 2 3 7 1174 2582 101 32 96.811501 details 1 4 2 3 8 1294 2582 57 31 97.003685 thes 1 4 2 3 9 1366 2592 139 20 96.840401 manners 1 4 2 3 10 1521 2580 65 31 96.556732 ands 1 4 2 3 11 1603 2581 85 30 96.675529 forms 1 4 2 3 12 1706 2579 32 30 96.427696 in5 1 4 2 3 13 1754 2578 105 30 96.800110 which4 1 4 2 4 0 550 2629 1162 48 -1 5 1 4 2 4 1 550 2638 41 32 96.094063 he5 1 4 2 4 2 607 2638 60 31 96.956749 has5 1 4 2 4 3 685 2636 162 41 96.446091 complied5 1 4 2 4 4 865 2635 81 30 96.923004 with5 1 4 2 4 5 965 2635 57 30 96.971748 thes 1 4 2 4 6 1039 2634 97 31 96.572174 orders 1 4 2 4 7 1153 2638 34 25 97.005257 to5 1 4 2 4 8 1206 2643 92 19 96.950073 ceases 1 4 2 4 9 1316 2631 64 31 96.765747 ands 1 4 2 4 10 1400 2630 112 32 96.038490 desist. Decision 54 F.T.C.