Furs by Weiss, Inc.

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IN THE MATTER OF FURS BY WEISS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7187. Complaint, July 11, 1958—Decision, Jan. 8, 1959 Consent order requiring a furrier in Cleveland, Ohio, to cease violating the Fur Products Labeling Act by naming on labels attached to fur products and in newspaper advertising, animals other than those producing certain furs; by failing in other respects to comply with the labeling and invoicing requirements; and by advertising in newspapers which failed to disclose the names of animals producing certain furs, the country of origin of imported furs, or the facts that certain products contained artificially colored or cheap or waste fur.

Charles W. O’Connell, Esq., for the Commission. Emanuel H. Hecht, Esq., of Cleveland, Ohio, for respondents. INITIAL DECISION BY JAMES A. PURCELL, HEARING EXAMINER The complaint in this proceeding, issued July 11, 1958, charges the respondents above named with violation of the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act and the Rules and Regulations promulgated under the last named Act, in connection with the introduction into commerce, or offering for sale, sale, advertising, transportation or distribution of fur products, as the designations “commerce,” “fur” and ‘fur product” are defined in the Fur Products Labeling Act.

After the issuance of said complaint respondents, on November 7, 1958, 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 of the Federal Trade Commission. It was expressly provided in said agreement that the signing thereof is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint. By the terms of said agreement, the respondents admitted all of 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 Order 55 F.T.C.

allegations. By said agreement the parties expressly waived a hearing before the hearing examiner or the Commission, the making of findings of fact or conclusions 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 hearing examiner and the Commission to which the respondents may otherwise be entitled under the Federal Trade Commission Act or the Rules of Practice of the Commission. By said agreement, respondents further agreed that the order to cease and desist issued in accordance with said agreement shall have the same force and effect as though 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 for other orders of the Commission.

Said agreement recites that respondent Furs By Weiss, Inc., is a corporation existing and doing business under and by virtue of the laws of the State of Ohio, with its office and principal place of business located at 1222 Huron Road, Cleveland, Ohio. Respondent Joseph Weiss, is president of said Furs by Weiss, Inc., and his office and place of business is the same as that of the corporate respondent.

The hearing examiner has considered such agreement and the order therein contained, and, it appearing that said agreement and order provides for an appropriate disposition of this proceeding, the same is hereby accepted, and without further notice to respondents, is ordered filed upon becoming part of the Commission’s decision in accordance with Sections 8.21 and 3.25 of the Rules of Practice, and in consonance with the terms of said agreement, the hearing examiner finds that the Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents named herein, and that this proceeding is in the interest of the public, wherefore he issues the following order:

ORDER It is ordered, That the respondents, Furs by Weiss, Inc., a FURS BY WEISS, INC., ET AL. 1085 1033 Order corporation, and its officers, and Joseph Weiss, individually and as an officer of said corporation, and respondents’ representatives, agents or employees, directly or through any corporate or other device, in connection with the introduction into commerce, or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce, of fur products, or in connection with the sale, advertising, offering 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:

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 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 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) Setting forth on labels the name of an animal in addition to the name of the animal that produced the fur. (c) Setting forth on labels attached to fur products: (1) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form ;

(2) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder which is mingled with non-required information ; (3) Information required under Section 4(2) of the Fur Prod- Order 55 F.T.C.

ucts Labeling Act and the Rules and Regulations promulgated thereunder in handwriting.

(d) Failing to set forth on labels 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 the labels.

(e) Failing to set forth separately on labels attached to fur products composed of two or more sections containing different animal furs the information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder with respect to the fur comprising each section.

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;

(8) 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 the fur product.

(7) The item number or mark assigned to the fur product. 8. 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:

(a) Fails to disclose 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 said Rules and Regulations.

(b) Fails to disclose that the fur products contain or are composed of bleached, dyed, or otherwise artificially colored fur, when such is the fact.

(c) Fails to disclose that the fur products are composed in FURS BY WEISS, INC., ET AL. 10387 10383 Decision whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact.

(d) Contains the name of an animal other than the name of the animal that produced the fur.

(e) Fails to disclose the name of the country of origin of the imported furs contained in fur products. 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 8th day of January 1959, 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 a report in writing setting forth in detail the manner and form in which they has complied with the order to cease and desist.

Decision 55 F.T.C.