Edward Glickman

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In THe Matrer or EDWARD GLICKMAN CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF -THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket 7532. Complaint, July 13, 1959—Decision, Sept. 28, 1959 Consent order requiring @ furrier in New York City to cease violating the invoicing requirements of the Fur Products Labeling Act by setting forth on invoices the name of an animal in addition to that producing the fur, by failing to set forth the term “dyed Mouton-processed Lamb” in the manner required, by improper use of the term “blended,” and by failing in other respects to comply with invoicing requirements. Mir. Charles W. O'Connell, for the Commission. No appearances for the respondent.

IniriaL Deciston py Loren H. Laveinix, Heanmne lxamMinen The Federal Trade Commission (sometimes also hereinafter referred to as the Commission) on July 15, 1959, issued its complaint herein, charging the above-named respondent with having violated the provisions of both the Federal Trade Commission Act and the Fur Products Labeling Act, together with the Rules and Regulations promulgated thereunder, and the respondent was duly served with process.

On August 6, 1959. there was submitted to the undersigned hearing examiner of the Commission for his consideration and approval an “Agreement Containing Consent Order To Cease And Desist,” which had been entered into by and between respondent and counsel supporting the complaint, under date of August 4, 1959, subject to the approval of the Bureau of Litigation of the Commission, which had subsequently duly approved the same. On due consideration of such agreement, the hearing examiner finds that said agreement, both in form and in content, is in accord with $5.25 of the Commission’s Ries of Practice for Adjudicative Proceedings, and that by said agreement the parties have specifically agreed to the following matters:

EDWARD GLICKMAN 347 346 Decision 1. Respondent Edward Glickman is an individual doing business in his own name with his office and principal place of business located at 251-255 West 30th Street, New York 1, New York. He formerly did business at 812 Seventh Avenue, New York, New York. 2. Respondent admits all the jurisdictional facts alleged in the complaint and agrees that the record may be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations. , 3. This agreement disposes of all of this proceeding as to all parties.

4. Respondent waives:

a. Any further procedural steps before the hearing examiner and the Commission ;

b. The making of findings of fact. or conclusions of law; and c. All of the rights he may have to challenge or contest the validity of the order to cease and desist. entered in accordance with this agreement.

5. The record on which the initial decision and the decision of the Commission shall be based shall consist. solely of the complaint and this agreement.

6. This agreement. shal] not. become a part. of the official record unless and until it becomes a part of the decision of the Commission.

7. This agreement is for settlement purposes only and does not constitute an admission by respondent that he has violated the law as alleged in the complaint.

8. The following order to cease and desist may be entered in this proceeding by the Commission without further notice to respondent. When so entered it shall have the same force and effect. as if entered after a full hearing. It may be altered, modified or set aside in the manner provided for other orders. The complaint may be used in construing the terms of the order. Upon due consideration of the complaint filed herein and the said “Agreement Containing Consent. Order To Cease And Desist,” the Jatter is hereby approved, accepted and ordered filed, the same not. to become a part of the record herein, however, unless and until it. becomes a part. of the decision of the Commission. The hearing examiner finds from the complaint and the said “Agreement Containing Consent Order To Cease And Desist” that the Commission has jurisdiction of the subject. matter of this proceeding and of the respondent, herein; that. the complaint states a legal cause for complant under the Federal Trade Commission Act and the Fur Prod- 599869—62. 24 Order d6 F.T.C.

ucts Labeling Act and the Rules and Regulations promulgated by the Commission under the latter Act, against the respondent. both generally and in each of the particulars alleged therein; that this proceeding is in the interest of the public; that the following order as proposed in said agreement is appropriate for the just disposition of all of the issues in this proceeding as to all of the parties hereto; and that said order therefore should be, and hereby is, entered as follows:

ORDER It ts ordered, That Edward Glickman, an individual doing business in his own name, or under any other name, and respondent’s 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 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 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 and deceptively invoicing fur products by: A. Failing to furnish to purchasers of fur products an invoice showing all of the information required to be disclosed by each of the sub-sections of §5(b)(1) of the Fur Products Labeling Act; B. Setting forth on invoices pertaining to fur products the name or names of any animal or animals in addition to the name or names provided for in §5(b) (1) (A) of the Fur Products Labeling Act;

C. Setting forth information required under §5(b)(1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form:

D. Failing to set forth the term “Dyed Mouton-processed Lamb” in the manner required;

E. Setting forth the term “blended” as part of the information required under $5(b)(1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder to describe the pointing, bleaching, dyeing or tip- dyeing of furs: F. Failing to set forth on invoices the item number or mark assigned to a fur product.

DUREX HARDWARE MANUFACTURING CORP. ET AL. 349 346 Decision 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 28rd day of September, 1959, become the decision of the Commission; and, accordingly :

It is ordered, That respondent Edward Glickman, an individual, shall, within sixty (60) days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with the order to cease and desist.