Cutter Cravat, Inc.
Volume 55 · 55 F.T.C. 1979
deceptive advertisingpricing comparisons
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Cutter Cravat, Inc., 55 F.T.C. 1979 (1959). Consumer Law Library, https://consumerlawlibrary.org/decisions/v055-0342
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IN THE MATTER OF CUTTER CRAVAT, INC., ET AL.
CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7252. Complaint, Sept. 11, 1958—Decision, June 16, 1959 Consent order requiring a Chicago manufacturer to cease preticketing its “men’s neckties with fictitious and excessive prices, thereby enabling retailers to mislead the public as to the quality and regular retail price. Mr. William A. Somers for the Commission. Fischel, Kahn, Heart & Weinberg, of Chicago, I]l., for respondents.
INITIAL DECISION BY WALTER R. JOHNSON, HEARING EXAMINER In the complaint dated September 11, 1958, respondents are charged with violating the provisions of the Federal Trade Commission Act.
On April 8, 1959, respondents and their attorney entered into an agreement with counsel in support 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, and contains a statement that the signing of 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.
The hearing examiner being of the opinion that the agreement and the proposed order provide an appropriate basis for disposition of this proceeding as to all of the parties, the agreement is hereby accepted and it is ordered that the agreement shall not become a part of the official record of the proceeding unless and until it becomes a part of the decision of the Commission. The following jurisdictional findings are made and the following order issued.
_ 1. The respondent Cutter Cravat, Inc., is a corporation existing and doing business under and by virtue of the laws of the State of Illinois. Respondent J. Arthur Hirsch is an individual and officer of said corporate respondent. Said corporate and individual respondent have their office and principal place of business located at 319 West Van Buren Street, Chicago, Ill. Decision 55 F.T.C.
2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents and the proceeding is in the public interest.
ORDER It is ordered, That respondents Cutter Cravat, Inc., a corporation, and its officers, and J. Arthur Hirsch, individually and as officer. of said corporation, and respondents’ representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution in commerce, as “commerce” is defined in the Federal Trade Commission Act, of men’s neckties or other articles of merchandise, do forthwith cease and desist from: 1. Representing, by preticketing or in any other manner, that certain amounts are the usual and regular retail price of their products when such amounts are in excess of the prices at which such neckties, or other articles of merchandise, are usually and regularly sold at retail.
2. Supplying to or putting in the hands of retailers or others the means whereby they may misrepresent the regular and usual retail price of respondents’ merchandise. DECISION OF THE COMMISSION AND 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 June 1959, become the decision of the Commission; and, accordingly:
It is ordered, 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.
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