Haber' S Department Store, Inc.

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IN THE MATTER OF HABER' S DEPARTMENT STORE, INC., ET AL.

CONSENT Order, :ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS lJucket 72::0. Complaint, AU fl. 1958-Decis.iun, Dec. , 1958 Consent ordpr reCjuiring funiers in Tampa, Fla., to cease violating the Fur Produds Labeling Act by failing to eonfonn to the labeling and invoicing rCCJuircmcnts, by advertising in newspalHTs which failed to disclose that fur products were artificially colored, and by failing to maintain adequate records as a basis for pricing claims.

M1., Ga1'and S. Fei' fJu-son supporting complaint. M,' . Louis Sclwnbnm of Schonbnm K essleT of Tampa, Fla., for respondents.

INITIAL DECISION BY JOHN B. POINDEXTER, HEARING EXAMINER The complaint in this proceeding charges Haber s Department Store, Inc. , a corporation, and Leon A. Haber, and Albert Haber individually and as offcers of said corporation, hereinafter refen' ed to as respondents, with violation of the Federal Trade Commission Act, the Fur Products Labeling Act, and the Rules and Regulations promulgated thereunder, in connection ''with the advertising and sale of furs. Specifically, respondents are charged ,with misbranding, false advertising, and false invoicing of furs. Also respondents arc charged with failing to maintain full and adequate records.

After issuance and service of the complaint, the respondents, their counsel and counsel supporting the complaint entered into an agreement for a consent order. The order disposes of the matters complained about. The agreement has been approved by the director and assistant director of the Bureau of Litigation. The pertinent provisions of said agreement are as follows: Respondents admit all jurisdictional facts; the complaint may be tlsed in construing the terms of the order; the order shall have the same force and effect as if entered after a full hearing and the said agreement shall not become a part of the of!cial record of the proceeding unless and until it becomes a part of the decision of the Commission; the record herein shall consist solely of the complaint and the agreement; respondents waive the requirement that the decision must contain a statement of findings HABER' S DEPARTMENT STORE, INC" ET AL. 903 902 Order of fact and conclusions of law; respondents waive further procedural steps before the hearing examiner and the Commission and the order may be altered, modified, or set aside in the manner provided by statute for other orders; respondents waive any right to challenge or contest the validity of the order entered in accordance ,with the agreement and the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated thc law as alleged in the complaint.

The undersigned hearing examiner having considered the agreement and pruposed order and being of the opinion that the acceptance thereof wil be in the public interest, hereby accepts such agreement, makes the following jurisdictional findings, and issues the following order:

JURISDICTIONAL FINDINGS 1. Corporate respondent Haber s Department Store, Inc. , is a corporation existing and doing business under and by virtue of the laws of the State of Florida, with its offce and principal place of business located at 613 Franklin Street, Tampa, Fla. Individual respondents Leon A. Haber and Albert Haber arc offcers of said corporation. They formulate, direct and control the practices of the corporate respondent. The address of thc individual respondents is the same as that of the corporate respondent. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents and thc proceeding is in the public interest.

Orner It is o1'del' That respondent Haber s Department Store, Inc. a corporation, and its offcers, and respondents Leon A. Haber and Albert Haber, as individuals and as offcers 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 in commerce, of fur products, or in connection \with the sale, advertising, oircring for sale, transportation or distribution of fur products \which are 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 55 F.

A. Misbranding fur products by:

1. Failing to affx labels to 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, beJles, 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, solel it in commerce, advertised or offered it for sale in commerce, or transported or distributed it in commerce; (1) The name of the country of origin of any imported furs used in the fur product:

(g) The item number or mark assigned to such product. 2. Using the term " blended" to describe the pointing, bleaching, dyeing or tip-dyeing of Jur products. ;;, Failing to set forth on labels attached to fur products al1 required information on one side of such labels. 4. Sctting forth on labels attachcd to fur products: (a) Information required under Section 4 (2) of the Fur Products Labeling Act, and the Rules and Regulations thereunder, in abbreviated form, (b) Information required under Section 4 (2) of the Fur Products Labeling Act, and the Hules and Regulations thereunder mingled with non-required information.

B. Fal ely or deceptively invoicing fur products by: Failure to furnish invoices to purchasers of fur procluets 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 contaim or is composed of bleached HABER' S DEPARTMENT STORE , INC., ET AL. 905 902 Decision 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 and address of the person issuing such invoices; (f) The name of the country of origin of any imported fur contained in a fur product;

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 oftering for sale of fur products, and vvhich fails to disclose that the fur product contains or is composed of bleached, dyed or otherwise artificially colored fur, when such is the fact.

D. Failing to maintain full and adequate records clisclosing the facts upon which claims of price reductions and comparative pricing arc made in their advertising as required by Rule 44 (e). DECISION OF THE COMMISSION AKD 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 shal on the 19th day of December 1958, become the decision of the Commission (and accord1ing1y:

It is onlered That the respondents herein 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.

Decision 55 F.