Annis Furs, Inc.

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

In toe Marter or ANNIS FURS, INC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 6880. Complaint, Aug. 80, 1957—Decision, Feb. 7, 1958 Consent order requiring a furrier in New York City to cease violating the Fur Products Labeling Act by failing to comply with the invoicing requirements; and by advertising in newspapers which failed to disclose the names of the animals producing the fur in certain products, the country of origin of imported furs, and that some products were composed of artificially colored fur; which contained the names of other animals than those producing the fur in certain products, misrepresented prices as less than wholesale or less than cost, and failed in other respects to conform to the advertising requirements ifr. 8. F. House, in support of the complaint. My. Everett H. Wells, of Detroit, Mich., for respondent. Initia Decision By James A. Purceiy, Hearmse EXaMInen The complaint in this proceeding, issued August 30, 1957, charges the respondent above-named with violation of the provisions of the Federal Trade Commission Act, the Fur Products Labeling Act and the rules and regulations promulgated under the last-riamed act, in connection with the sale, advertising and offering for sale, transportation and distribution, shipping and receiving in commerce, of fur and fur products, as the designations “commerce,” “fur,” and ‘fur products” are defined in the Fur Products Labeling Act. After issuance and service of said complaint, the respondent entered into an agreement for a consent order with counsel in support of the complaint, disposing of all of the issues in this proceeding, -which agreement was duly approved by the director and assistant director of the Bureau of Litigation. It was provided in said agreement that the signing thereof is for settlement purposes only and does not constitute an admission by respondent that it has violated the laav as alleged in the complaint.

By the terms of said agreement, the respondent admitted all the jurisdictional allegations of the complaint, and agreed that the record herein may be taken as though the Commission had made findings of jurisdictional facts in accordance with such allegations. By said agreement the parties expressly waived a hearing before the hearing examiner or the Commission, the making of findings of fact or con- ANNIS FURS, INC. 1015 1014 Order clusions of law by the hearing examiner or the Commission, the filing of exceptions and oral argument before the Commission, and all further and other procedure before the hearmg examiner and the Commission to which respondent may be entitled under the Federal Trade Commission Act or the rules of practice of the Commission. By said agreement, respondent further agreed that the order to cease and desist issued in accordance with said agreement shall have the same force and effect as if made after a full hearing, presentation of evidence and findings and conclusions thereon, and specifically waived any and all right, power or privilege to challenge or contest the validity of such order.

It was further provided that said agreement, together with the complaint, shall constitute the entire record herein; that the complaint herein may be used in construing the terms of the order issued pursuant to said agreement; and that the said order may be altered, modified or set aside in the manner provided by statute for other orders of the Commission.

Said agreement recites that respondent Annis Furs, Inec., is a corporation existing and doing business under and by virtue of the laws of the State of Delaware, with its office and principal place of business located at 130 W. 30th Street, New, York, N.Y. The hearing examiner has considered such agreement and the order therein contained, and, it appearing that said agreement and order provides for an appropiate disposition of this proceeding, the same is hereby accepted and, without further notice to respondent, is ordered filed upon becoming part. of the Commission’s decision in accordance with sections 3.21 and 8.25 of the rules of practice, and in consonance with the terms of said agreement, the hearing examiner finds that the Feders] Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent named herein, and that this proceeding is in the interest of the public, and issues the following order: :

ORDER Jt is ordered, That the respondent Annis Furs, Inec., a corporation, and its officers and respondent's representatives, egents, 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 nN 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 had been shipped and received in commerce, as “commerce,” “fur,” and “fur products” are defined in Order 54 I.T.C.

the Fur Products Labeling Act, do forthwith cease and desist from: A. Falsely or deceptively invoicing fur products by: 1. Setting forth information required under section 5(b)(1) of the Fur Products Labeling Act in abbreviated form, in violation of rule 4 of the rules and regulations promulgated thereunder. 2. 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 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 artifically 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 and adress of the person issuing such invoices; (f) The name of the country of origin of any imported furs contained in a fur product.

B. Falsely or deceptively advertising fur products through the use 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: 1. Fails to disclose:

(a) The name or names of the animal or animals which produced 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 regula~tions;

(b) That the fur products contain or are composed of bleached, dyed, or otherwise artifically colored fur, when such is the fact; (c) The name of the country of origin of any imported furs contained in fur products.

2. Sets forth information required under section 5(a) of the Fur Products Labeling Act in abbreviated form, in violation of rule 4 of the rules and regulations.

3. Uses the name or names of an animal or animals other than the name or names specified in the Fur Products Name Guide or prescribed by the rules and regulations.

4. Represents directly or by implication: That fur products are being sold “at less than original wholesale prices” and “at Jess than original cost” or words of similar import and meaning, when such are not the facts.

ANNIS FURS, INC. 1017 1014 Decision DECISION OF THE COMMISSION AND ORDER TO FILIT 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 7th day of February 1958, 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 F.T.C.