Feldman & Lowe, Inc.

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

IN THE MATTER OF FELDMAN & LOWE , INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED YJOLATIO OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LAJJEUNG ACTS Docket 7107. COilipla. Jlt, Apl'. , 1,958-Declsion All Ui,'j8 Consent order requiring a fU1'ier in New York City to cea::e violating the FUl' Producis Labeling Act by failing to reveal on labels and invoices that the fnr in certain products was dyed, and to comply in other respects \with the labc1ing requirements of the Ad.

Tcn' a.l A. Jordan Esq., for the Commission. Manfnd 1I. Benedek Esq., for respondents. INITIAL Decislon By ROBERT L. PIPER HEARING EXA IINER The Federal Trade Commission issued its complaint against the above-named respondents on April ii, 1958 , charging them with having violated the Fur Products Labeling Act, the rules and regulations issued thereunder, and the Federal Trade Commission Act, by misbranding and falsely labeling and invoicing their fur products. Respondents appeared by counsel and entered into an agreement, dated June 11 , 1958, 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 director of the Bureau of Litigation. Said agreement has been submitted to the undersigned, heretofore cluJy designated to act as as hearing e .:aminer' herein, for his consideration in accordance with s;3.25 of the Hules of Practice of the Commission. Respondents, pursuant to the aforesaid agreement, have admitted all of the jurisdictional allcgations of the complaint and agreed that t.he record may be taken as if findings of jurisdictional facts h2. d been macle duly in accordance with such provides that respondents allegations. Said agreement further waive aU further procedural steps be:fore the hearing examiner or the Commission, including the making of findings of fact or conclusions of law 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 s8id agreement that the agreement shall not become a part of the offcial record FELD:lal\ & LOWE, INC., ET AL. 163 162 Order unless and until it becomes a part of the decision of the Commission, that said agreement is for seWement 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 oreler. This proceeding having nmv come on for final consideration on the complaint and the aforesaid 2.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 ann said agreement becoming part of the Commission s decision pursuant to SS3.21 and 3.25 of the Hules of Practice, and the hearing examiner accordingly makes the following findings, for jurisclictiona1 purposes, and order:

1. Respondent Feldman & Lowe, Inc. , is a corporation, existing and doing- business under and by virtue of the laws of the State of New York. Respondents Max Feldman and Joseph Lowe are, respectively, president and secretary-treasurer of said corporate respondent. Respondents' offce and principal place of business is located at 305 Seventh Avenue, in t.he city of New York, State of New York.

2. The Federal Trade Commission has jurisrliction 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.

OI-WER It is ordered That respondents Feldman & Lovi' , Inc. , a corporation, and its officers, and Max Feldman and Joseph Lowe individually and as offcers of said corporation, and their agents representatives and employees, directly or through any corporate or other device, in connection with the introduction or TI1anufacture for introduction into commerce, or the sale, advertising, or offering for sale in commerce, or the transportation or distribution in C0111merce of any fur product, or in connection with the manufacture for sale, sale, advertising, offering for sale j Order 55 F.

transportation, or distribulion 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 products" are defined in the Fur Products Labeling Act, do forthwith cease and desist from:

A. Falsely or deceptively labeling fur products by failing to reveal that such fur products are in fact bleached, dyed, or otherwise artificially colored.

B. Misbranding fur products by failing to affx 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 thc Fur Products J\ame Guide and as prescribed under the rules and regulations;

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

(c) That the fur product contains or is composed of hleached dyed, or otherwise artificially colored fur, \vhen such is a fact; (d) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur when such is a fact;

(e) The name, or other identification issued and registered by the Commission, of one or more persons Nho manufactured such fur product for introduction into commerce, introduced it into commerce, so1cl it in commerce, advertised or offered it for saJe 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 producl;

C. Falsely or deceptiveiy invoicing fur products by failing to furnish invoices to purchasers qf fur products showing: (a) The name or names of the animal or animals producing the fur or furs contained in the fur producl, as set forth in the Fur Products Name Guide and as prescrihed under the rules and regulations;

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

(c) That the fur product contains or is composed of bleached dyed, or otherwise artiftciaUy colored fur, when s\'ch is a fact; (d) That the fur product is composed in whole or in sub- Rtantial part of paws, tails, bellies, or Ivaste fur, ,,,hen such is a fact ;

(e) The name and address of the person issuing such invoice; FELDMA~ & LOWE, INC., ET AL. 165 162 Decision (f) The name of the country of origin of any imported furs contained in a fur product;

D. Falsely or deceptively invoicing fur products as being made of "Natural" furs when they are in fact bleached, dyed, or other- \vise artificially colored.

DECISION OF THE COMMISSION AND ORDER TO FILE REI'Oln OF COMPLIANCE Pursuant to Section 3. 21 of the Commission s Hules of Practice, the initial decision of the hearing examiner shall, on the 2d day of August 1958, become the decision of the Commission; and acl:orc1ingly:

It is onlered That the above-named respondents shall, within sixty (GO) days after service upon them of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which they have complied with the order to cease and desist.

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166 FEDERAL TRADE COMMISSIOl' DECISIONS Decision 55 P.