Greenwood Furs, Inc.

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IN THE MATTER OF GREENWOOD FURS, INC., ET AL.

CONSE1' T ORDER, ETC. , IN REGARD TO THE ALLEGED VroLAT10 OF THE FEDERAL TRADE C0:'MISSION AND THE FUR PRODUCTS LABEUNG ACTS Docket. 718,cJ. CvmpllLinl-, J)(ly 17, j958-Dccision, Feb. , 1959 Consent order requiring a furrier in ew York City to cease violating the Fur Products Labeling Act by setting out fictitious prices in invoicing and by failing to maintain auequate records as a basis for such pricing claims.

Mr. Charles W. O' Connell for the Commission. Dwwey, Ballantine, Bushby, Pal.ne1' Wood by Mr. E. Deane l'uTner of New York, KY., for respondents. I:-ITIAL DECISION BY J. EARL COX, HEARING EXAMINER The complaint charges respondents with falsely and deceptively invoicing and advertising certain of their fur products, and with failing to maintain full and adequate records disclosing the facts upon which were based pricing and savings claims and representations as to said products, in violation of the Fur Products Labeling Act and the rules and regulations promulgated thereunder, and of the Federal Trade Commission Act. After the issuance of the complaint, respondents, their counsel and counsel supporting the complaint entered into an agreement containing consent order to cease and desist, which was approved by the acting director and an assistant diredor of the Commission s Bureau of Litigation, and thereafter transmitted to the hearing examiner for consideration.

The agreement states that respondent Greenwood Furs, Inc. is a corporation existing and doing business under and by virtue of the laws of the State of ew York, with its offce and principal place of business located at 350 Seventh Avenue, New York ; and that respondent Maury Green is president and treasurer of said corporation, his office and place of business being the same as that of the corporate respondent. The agreement provides, among other things, that respondents admit all the jurisdictional facts alleged in the complaint, and agree that the recanJ 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 de- Order 55 F.

cision of the Commission shall be based shall consist solely of the complaint and this agreement; that the agreement shall 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 respondents that they have violated the law as alleged in the complaint; and that the order set forth in the agreement and hereinafter included in this decision shall have the same force and effect as if entered after a full hearing.

Respondents waive any further procedural steps before the hearing examiner and the Commission, the making of findings of fact or conclusions of law, and al1 of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with the agreement. The order agreed upon fully disposes of al1 the issues raised 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 Regulations promulgated thereunder and of the Federal Trade Commission Act. Accordingly, the hearing examiner finds this proceeding to be in the public int.erest, and aecepts the agreement containing consent order to cease and desist as part of the record upon which this decision is based. Therefore It is oj' elencl That respondents Greenwood Furs, Inc. , a corporation, and its offcers, and Maury Green, individually and as an offcer of said corporation, and respondents' representatives agents and employees, directly or through any corporate or other device, in connection with the introduction, or the manufacture for introduction, into commerce, or the sale, advertising, offer ing for sale, transportation or distribution, in commerce, of fur products, or in connection with the manufacture for sale, 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: A. Falsely or deceptively invoicing fur products by representing', directly or by implication, that the regular or usual price of any fur product is any amount which is in excess of the price GREENWOOD FURS, INC., ET AI,. 1251 1249 Decision at which respondents have usually and customarily sold such product in the recent regular course of their business; B. 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, which represents, directly or by implication, that the regular or usual price of any fur product is any amount which is in excess of the price at which respondents have usually and customarily sold such product in the recent regular course of their business; C. Making claims or representations in advertisements that prices are reduced from regular or usual prices, unless respondents maintain full and adequate records disclosing the facts upon which such claims or representations are based. DECISION OF THE COMMISSION AND ORDER TO ,' ILE REPORT OF COMPLIANCE The Commission having considered the hearing examiner s initial decision, filed December 30, 1958. and having concluded that it is appropriate in all respects to dispose of this proceeding: It i8 onlered- That said initial decision be, and it hereby is adopted as the decision of the Commission. It is fUTtheT onlered- That the respondent, Greenwood Furs Ine. , a corporation, and Maury Green, individually and as an offcer of said corporation, 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 have complied with the order to cease and desist contained in the aforesaid initial decision. Decision 55 F.