Keller Fur Company

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IN THE MATTER OF KELLER FUR COMPANY CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Feb. .4, 1959 Docket 71fJ6'. COllplwint, Jut?! 1958-Decisi()n, Consent ordel' requiring a :funier in Kansas City, Mo., to cease violating the Fur Pl'lJducts LHbeling Aet by tagging certain fur products with the name of an animal in addition to that of the animal producing the fur; by failing to conform to the labeling nnd invoicing requirements of the Ad; and by advertising in newspapers which failed to disclose the names of animals producing- the fur in certain products, the country of origin of imported furs, and the fact that fur products contained artificially coloH'd or cheap or waste fur, and which represented falsely that his regular prices were higher than thl' advertised sale prices. Mi'. Thomas A. Ziebarth for the Commission. llespondent, for himself.

INITIAL DECISIOJ' BY J. EARL Cox, HEARING EXAMINER The complaint charges respondent with misbranding and with falsely and deceptively invoicing and advertising certain of his fur products, and with failing to maintain full and adequate records disclosing- the facts upon \vQjch were based pricing and things claims and representations as to such products, in violation of the Fur Products Labeling Ad and the Rules and Regulations promulgated thereunder, and of the Federal Trade Commission Act.

After the issuance of the complaint, respondent and counsel supporting the complaint cnterect into an agreement containing consent order to cease and desist, which was approvect by the director and an assistant director of t.he Commission s Bureau of Litigation, and thereafter transmitted tu the hearing examiner fur consideration.

The agreement states that respondent is an individual trading as Keller Fur Company, and has his office and principal place of business located at 218 East 11th Street, Kansas City, Mo. The agreement provides, among other things, that respondent admits all the jurisdictional facts alleged in the complaint, and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations; that the record on which the initial decision and the decision of KELLER FUR COMPANY 1109 1108 Order the Commission shad be based shah consist solely of the complaint and this ag-reement; that the agreement shah not become a part of the offcial record unless and until it becomes a part of the decision of the Commission; that the complaint may be used in construing the terms of the order agreed upon, which may be altered, modified or set aside in the manner provided for other orders; that the agreement is for settement purposes only, and does not constitute an admission by respondent that he has violated the law as aHeged in the complaint; and that the ordcr set forth in the agreement and hereinafter included in this decision shah have the same force and effect as if entered after a fuH hearing.

Respondent waives any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of lavv, and all of the rights he may have to chaDenge or contest the validity of the order to cease and desist entered hI accordance with the agreement. The order agreeclupon fully disposes of al1 the issues raisecl in the complaint, and adequately prohibits the acts and practices charged therein as being in violation of the Fur Products Labeling Act and the Rules and Regnlations promulgated thereunder, and of the Federal Trade Commission Act. Accordingly, the hearing examiner finds this proceeding to be in the public interest, and accepts the agreement containing consent order to cease and desist as part of the record upon which this decision is based. Therefore It. is ordered That the respondent A be KeHer, an individual trading as KeHer Fur Company, or under any other name, and respondent' s representatives, agents and 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 have been made in whole or in part of fur which has been shipped and received in commerce, as "commerce fur and "fur product" arc defined in the Fur Products Labeling Act do forthwith cease and desist from:

1. Misbranding fur products by:

(a) Failing to affx 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 Order 55 F. T.

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 otherwise artificially colored fur, when such is the fact; (4) That the fur product is composed in whole or in suhstantial 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 ,vho 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;

(7) The item number or mark assigned to a 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 (;4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form;

(2) Information required under (;4 (2) of the Fur Products Labeling Act and the Rules and Hegulations promulgated thereunder which is intermingled with non-required information; (3) Information required under S4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting;

(4) Information required under (;4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in improper sequence;

(d) Affxing to fur products labels that are inconspicuous; 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 Hegulations;

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

KELLER FUR COMPANY 1111 1108 Decision (3) 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, beHies, or waste fur, when such is the fact;

(R) 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; 3. Falsely or deceptively advertising fur products through the use of any advertisement, representation, public announcement or notice Ivhich is intended io 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 coniained in the fur product as set forth in the Fur Products Name Guide and as prescribe,l under the said Rules and Regulations;

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

(c) Fails to disclose that the fur products are composed in whole or in substantial part of paws, tails, benies, or wasie fur when such is the fact;

(d) Fails to disclose the name of the country of origin of the imported furs contained in fur products; (e) Represents, directly or by implication, through the use of percentage savings claims or any other means, that any savings arc afforded from respondent's regular prices unless the an10unt for which they are otIered constitutes a reduction from the price at which said fur product had been sold by respondent in his recent4. 1\'Iaking-regular usecoursein advertisementsof business; of price reduction or percentage savings elaims unless respondent maintains full and adequate records disclosing the facts upon which such claims are based. DECISION OF THE COM 'lission AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3. 21 of the Commission s I(uses of Practice, the initial decision of the Hearing Examiner shall, on the Dccision 55 F.

4th day of February 1959, become the decision of the Commission; and, accordingly:

It is ordered That respondent Abe Keller, an individual trading as Keller Fur Company, shall, within sixty (60) days after service upon him of this order, fM with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with the order to cease and desist. LOUIS PIZITZ DRY GOODS CO., INC. 1113 Decision