Richard-Donald Furriers, Inc.

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IN THE MATTER 0;' RICHARD-DONALD FURRIERS, INC., ET AL.

CQNSE!\T ORDER, ETC. , IN RBGARD TO THI- ALLEGED VIOLATION OF THE F1o:DERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELlI'' G ACTS Docket 7291. Complaint, l\rou. , 1958--Declsi()Jl A1JJ' . lG , lost) Consent order requiring a funier in Wilmington, Del. , to cease violating' the Fur Products Labeling Act by failing to comply with invoicing' requirements; by advertising in newspapers which failed to disclose the names of animals producing certain furs or the country of origin, or to disclose that some furs were made of artificially colored or cheap or waste fur failed to use the term " Dyed Mouton-processed Lamb" where applicable and represented prices as reduced from reg1l1ar prices which were in fact fictitious or as representing false percentage saving' , by failng" to keep adequate records as a basis for said pricing claims, and by representing a year guarantee" without specifying' how it would be honored. Mr. Kent P. Kratz for the Commission. M,' . Thmnas Hel'ihy, h. of Wilmington, Del., for respondents. INITIAL DECISION BY WILLIAM L. PACK , HEARING EXAMINER The complaint in this matter, issucd on November 5 , 1958, charged the respondents named therein, Richard-Donald Furriers, Inc., a corporation, and Richard S. Cohn, individually and as an offcer of said corporation, with violating the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder, and the Federal Trade Commission Act. An agreement has now been entered into by respondents and counsel supporting the complaint which provides, among other things, that respondents admit all of the jurisdictional allegations in the complaint; that the record on which the initial decision and the decision of the Commission shall be based shall consist solely of the complaint and agreement; that the inclusion of fmdings of fact and conclusions of law in the decision disposing of this matter is waived, together with any further procedural steps before the hearing examiner and the Commission; that the order hereinafter set forth may be entered in disposition of the proceeding, such order to have the same force and effect as if entered after a full hearing, respondents specifically waiving any and all rights to challenge or contest the validity of such order; that the order may be altered, modified, or set aside in the manner provided for other orders of the Commission; that the complaint may be , .

RICHARD-DANOLD I'URRIERS , INC., ET AL. 1685 1684 Order used in construing the terms of the order; and that the agreement is for settement purposes only and docs not constitute an admission by respondents that they have violated the law as alleged in the complaint.

The hearing examiner having considered the agreement and proposed order and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the follo\ving order issued; 1. Respondent Richard- Donald Furriers, Inc. , is a corporation existing and doing business under the laws of the State of Delaware with its offce and principal place of business located at 730 Market Street, Wilmington, Del. Individual respondent Richard S. Cohn is president of the corporate respondent and controls, formulates and directs the acts, practices and policies of said respondent. His offce and principal place of business is the same as that of the corporate respondent. 2. The Federal Trade Commission has jurisdiction of the subject matter of this procecding and of the respondents, and the proceerling is in the public interest.

ORDER It is onlend That Richard-Donald Furricrs, Tnc. , a corporation, and its offcers, and Richard S. Cohn, 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 into commerce, or the sale, advertising, or offering for sale in commerce 01' the transportation or distribution in commerce of any fur product, or in connection with the sale, advertising, offering for sale, transportation, or distribution of any fur product which is 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. 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 Itegulations;

1686 EDERAL TRAm; COMMISSION DECISIOKS Order 55 F.

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

(3) That the fur product contains or is composed of bleached dyed or olherwise artincia11y colored fur, when such is the fact; (4) That the product is composed, in whole or in substantial part, of paws, tails, bc11ics, or waste fur, when such is the fact; (5) The name and address of the person issuing such invoice; (6) The name of the country of origin of any imporled furs contained in a fur product.

2. Falsely or deceptively advertising fur products through the use of any advertisement, representation, public announcement directlyor notice \which is intended to aiel, promote or assist, or indirectly, in the sale or offering for sale of fur products, and which:

A. Fails to disclose:

(1) The name or names of the animal or animals producing the fur or furs contained in lhe 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 bleached dyed, or othenvise artificially colored fur, when such is the fact; (3) That the fur product is composed, in whole or in substantial part, of paws, tails, bellies or waste fur, when such is the fact;

(4) The name of the country of origin of any imported furs contained in a fur product.

B. Sets forth information required under Section 5 (a) of the Fur Products. Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form. C. Fails to sel forth the term " Dyed Mouton-processed Lamb" in the manner required.

O. 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 products in the recent regular course of business. E. Represents, directly or by implication that the customary or usual retail price charged by respondents for any fur product in the recent regular course of their business is reduced in direct proportion to the amount of savings stated in percentage savings claims, when contrary to the fact.

F. Represents, directly or by implication, that respondents' fur products arc guaranteed for two years or for any other period of RICHARD-DANOLD FURRIERS, IKC., ET AL. 1687 1684 Decision time, or that they are otherwise guaranteed, unless the nature and extent of the guaranty, and the manner in which the respondents vvill perform thereunder, are clearly and conspicuously disclosed.

3. i\1aking price claims and representations of ihe types rcfelted to in paragraph D and E above, unless there are maintained by respondents full and adequate records disclosing the facts upon which such claims or representations are based. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT m' COMPLIANCE Pursuant to Section 3. 21 of the Commission s Rules of Practice, the initial decision of the hearing examiner shall, on the 16th day of April 1959, become the decision of the Commission; and, accordingly:

It is onlend 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 have complied with the order cease and desist.

Decision 55 F.