Radley Furs, Inc.

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IN THE MATTER OF RADLEY FURS, INC., ET AI,.

CONSEI\' T ORDER. ETC., IN REGARD TO TH"E ALLEGED VIOLATION OF THE FEDERAL TRADE COM:'HSSION AND THE Fur PRODIJCTS LAIH LING ACTS Docket 7,'25. Complaint, Dec. 1.IS8-Dcci",ion, Api' lU , 1.959 Consent order J' quiring a manufacturing' furrier in New York City to cease violating' the Fur Products Labeling Act by such practices as advertising in letters to a Los Angeles, Calif. , customer which represented prices of fur produds as reduced from rcg-ular prices which were in fact fictitious. Mr. Alvin D. Edelson supporting the complaint. Mr. Jose)!h H. Schindle-r of New York, N. , for respondents. INITIAL DECISION BY JOSEPH CALLAWAY, HEARING EXAMINER The F'ecleral Trade Commission issued its complaint against the above-named respondents on December 9, 1958, charging them with having violated the Fur Products Labeling Act, the rules and regulations issued thereunder, and the Federal Trade Commission Act by falsely and deceptively advertising certain of their fur products as alleged in the complaint. After being served with the complaint respondents entered into an agreement, dated February 10, 1959 , containing- a consent order to cease and desist, disposing of all the issues in this proceeding, without hearing, which agreement has been duly approved by the assistant direclor and the director of the Bureau of Litigation. Said agreement has been submitted to the undersigned, heretofore duly designated to act as hearing examiner herein for his consideration in accordance with Section 3.25 of the Rules of the Commission.

Respondents, pursuant to the aforesaid agreement, have admitted all of the jurisdictional allegations of the complaint and agreed that the record may be taken as if findings of jurisdictional facts had been made duly in accordance with such allegations. Said agreement further provides that respondents waive all further procedural steps before the hearing examiner or the Commission, including the making of findings of fact or conclusions of law and the right to challenge or contest the validity of the order to cease and desist entered in accordance with such agreement. It has also been agreed that the record herein shall consist solely of the complaint and said agreement RADLEY FURS, lne., ET AL. 1693 1692 Order that the agreement shall not hecome a part of the offcial record unless and until it becomes a part of the decision of the Commission, that said agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint, that said order to cease and desist shall have the same force and effect as if entered after a full hearing and may be altered, modified, or set aside in the manner provided for other orders, and that the complaint may be used in construing the terms of the order. This proceeding having now come on for final consideration on the complaint and the aforesaid agreement containing the consent order, and it appearing that the order and agreement cover all of the allegations of the complaint and provide for appropriate disposition of this proceeding, the agreement is hereby accepted and ordered fied upon this decision and said agreement becoming part of the Commission s decision pursuant to Sections 3.21 and :3.25 of the Rules of Practice, and the hearing examiner accordingly makes the following findings, for jurisdictional purposes, and order:

1. Respondent Radley Furs, Inc. , is a corporation org-anized existing and doing business under and by virtue of the laws of the State of New York with its offce and principal place of business located at 333 Seventh Avenue, New York, N. Y. Individual respondents Larry Gallo and Herman Rifkin arc officers of said corporation and control, direct and formulate the acts, practices and policies of the said corporate respondent. The address and principal place of business of the 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 hereinabove named. The complaint states a cause of action against said respondents under the Fur Products Labeling Act and the Federal Trade Commission Act, and this proceeding is in the interest of the public.

ORDER It i8 onlcred That Radley Furs, Inc. , a corporation, and its offcers, and Larry Gallo and Herman Rifkin, individually 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 or manufacture for introduction into commerce, or the sale, advertising, offering for Decision 55 F.

sale, transportation or distribution, of fur products, in commerce, or in connection with the manufacture for sale, 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:

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 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. 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 shall, on the 16th day of April 1959, become the decision of the Commission: and, accordingly:

It is o1'dered That the respondents herein shall within sixty (60) days after service upon them of this order, file with the Commission a fAport in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist.

HICKS PHARMACAL CO., ET AL. 1695 Decision