Dupler'S Art Furs, Inc.

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In rue Matrer or DUPLER’S ART FURS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 6987. Complaint, Nov. 8, 195%7—Decision, Mar. 19, 1958 Consent order requiring furriers in Salt Lake City, Utah, to cease violating the Fur Products Labeling Act by failing to comply with the invoicing and labeling requirements; by advertising in newspapers which failed to disclose that furs in certain products were artificially colored, contained names of animals other than those producing certain fur, and used comparative prices not based on the usual retail prices: and by failing to keep adequate records disclosing the facts upon which the pricing claims were based.

Ross D. Young, Esq., for the Commission.

Respondents, pro sé.

Initia, Decision sy Joseri CaLtaway, Ifeartna examiner The Federal Trade Commission issued its complaint against the above-named respondents on November 8, 1957, charging them with having violated the Fur Products Labeling Act, the rules and regu- Jations issued thereunder, and the Federal Trade Commission Act by misbranding, falsely advertising and falsely invoicing their fur products. Respondents entered into an agreement, dated December 24, 1957, containing a consent order to cease and desist, disposing of all the issues in this proceeding without hearing, which agreement has been duly approved by the assistant director and the director of the Bureau of Litigation. Said agreement has been submitted to the undersigned, heretofore duly designated to act as hearing examiner herein, for his consideration in accordance with section 3.25 of the rules 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 Jaw and the right to challenge or contest the validity of the order to cease and desist entered in accordance with such agreement. It has also been agreed that the record herein shall consist solely of the complaint and said agreement, DUPLER’S ART FURS, INC., ET AL. 1185 1184 Order 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 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. 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 decision 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. Dupler’s Art Furs, Inc., is a corporation duly organized and doing business under and by virtue of the laws of the State of Utah. Individual respondent Joseph H. Dupler is president of said corporate respondent. Both the individual respondent and corporate respondent have their office and principal place of business located at 187 South Main Street, Salt Lake City, Utah.

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 It is ordered, That. Dupler’s Art Furs, Inc., a corporation, and its officers, and Joseph H. Dupler, individually and as an 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 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 product” are defined in the Fur Products Labeling Act, do forthwith cease and desist from: Order 54 F.T.C.

A. Misbranding fur products by:

1. Failing to affix labels to such 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 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 in the fur product;

(g) All the information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations promulgated thereunder on one side of such labels.

2. Setting forth on labels attached to fur products information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations promulgated thereunder mingled with nonrequired information.

B. 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 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 the 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 contained in a fur product.

DUPLER’S ART FURS, INC., ET AL. 1187 1184 Decision 2. Using on invoices the name or names of any animal or animals other than the name or names provided for in paragraph B(1) (a) above.

3. Abbreviating on invoices information required under section 5(b) (1) of the Fur Products Labeling Act and the rules and regations promugated thereunder.

C. 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 that the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur when such is the fact.

2. Contains the name or names of any animal or animals other than those producing the fur contained in the fur product. 3. Fails to set. forth the information required under section 5(a) of the Fur Products Labeling Act and the rules and regulations promulgated thereunder in close proximity with each other and in type of equal size and conspicuousness.

4. Makes use of comparative pricing claims in advertisements unless such compared prices are based on the regular and usual retail prices charged by respondents for fur products or similar grade and quality in the recent regular course of their business. 5. Makes pricing claims cr representations of the type referred to in paragraph 4 above unless there are maintained by respondents full and adequate records disclozing the facts upon which such claims or representations are based.

DECISION OF TILE 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 19th day of March 1958, become the decision of the Commission; and, accordingly : It is ordered, That the respondents herein shall within sixty (60) days after service upon them of this order, file with the Commission 2 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 FTC.