Ardley Fur Corporation

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IN THE MATTER OF ARDLEY FUR CORPORATION ET AL.

CONSEKT ORDER. J.;TC., IN REGARD TO Tile ALL.hGED VIOLATION OF Tile FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 73G8. CO'nplahlt, .la/n. 1.95D-Decisl May, 1%.9 Consent \)rdel' requiring a New York City funicr to cease violating the Fur Products Laheling Act by failng to comply with the labeling and invoicing requirements; by advertising in letters to customers and otherwise which contained fictitious prices and represented exagg"erated amounts as reg' ulal' selling- prices; and by failing to maintain adequate records on \which such pricing' claims were based. Mr. John T. Walker supporting the complaint. No appearance for respondents.

INITIAL DECISION BY JOSEPH CALLAWAY, HEARING EXAMINER The Federal Trade Commission issued its complaint against the above-named respondents on January 23 , 1959 , charging them with having violated the Fur Products Labeling Act, the rules and regulations issued thereunder, and the Federal Trade Commission Act by misbranding, falsely advertising and invoicing certain of their flll" products and failing to maintain full and adequate records.

On February 28, 1959 l"respondents entered into an agreement with counsel in SUPPOl"t of the complaint for a consent order. The hearing examiner finds that the content of the agreement meets all of the requirements of Section 3. 25 (b) of the Rules of the Commission.

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 filed 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 Ardley Fur Corporation is a corporation organized, existing and doing business under and by virtue of the 1722 DF:RAL TRADE COMMISSI01\ DECISIOXS Order 55 F.

laws of the State of New York, with its offce and principal place of business located at 307 Seventh Avenue, New York, N. 2. Individual respondents Norman Rawick and Arthur Dlass are president and secretary, respectively, of said corporate respondent, and have the same address as that of the said corporate respondent.

:,. The Federal Trade Commission has j urisdidion 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 is onlered That Ardley Fur Corporation, a corporation, and its offcers, and Norman Rawick and Arthur Dlass, 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, and manufacture for introduction into commerce, or the sale, advertising, offering for sale, transportation or distribution in commerce, of fur products, or in connection with the sale, manufacture for sale, advertising, offering for sale, transportation or distribution of fur products \which have been made in \whole 01' in part of fur whkh has been shipped and received in commerce, as "commerce fur" and "fur product" are defin2d in the Fur Products Labeling' Act, do forthwith cease and desist from: A. Misbranding fur products by:

1. Failing to affx labels to fur products showing: (a) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in the required sequence.

(b) The item number or mark assigned to a fur product. 2. Setting forth on labels affxed to fur products: (a) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder mingled with nonrequired information. (b) Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in he.ndwriting.

B. Falsely or deceptively invoicing fur products by: ARDLEY FUR CORP., ET AL. 1723 1721 Decision 1. Failing to furnish invoices to purchasers of fur products showing- :

(a) The name or names of the animal or animals producing the fur or furs contained in the fur products as set forth in the Fur Products Kame Guide and as pl'€s'2ribed under the Rules and Regulations.

(b) That the fur product contains 01' is compo ed of used fur when such is the fact;

(c) That the fur product contains 01' is composed of bleached dyed or otherwise artificially colored fur, when such is the fact; (d) That the fur product is composed in whole or in substantial part of paws, tails, bellies, or waste fur, when such is the fact;

(e) The name and address of the person issuing such invoice; (0 The name of the country of origin of any imported furs contained in a fur product;

(g) The item number orma!'k assigned to a fur product. C. Falsely or deceptively advertising fur products through the use of any advertisement, representation, public accounccment or notice which is intended to aid, promote or assist, diredly or indirectly, in the sale, or offering for sale, of fur products ncl \which:

1. Represents, directly or by implication, that the regular or usual prices of such products are any amount in exc:ess of the prices at which respondents have usually and customarily sold such products in the recent regubi' course of business. D. l\laking claims and representations respecting prices and v8.1ues of fur products unless there are maintaineu by respondents full and adequate records showing the facts upon which such claims and representations are based. DECISION OF THE COMMISSION AND ORDER TO F1LI: 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 1st day of lVIay 1959 , become thc decision of the Commission; and, accordingly:

It is rclered 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 to cease and desist.

1724 FEDERAL TRADE COMMISSION DECISIQ:-S Decision 55 P.