Belber Trunk & Bag Company

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In THE Marrer or BELBER TRUNK & BAG COMPANY ET AL.

CONSENT ORDER. ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7577. Complaint, Sept. 2, 1959—Decision, Nov. 28, 1959 Consent order requiring Philadelphia manufacturers to cease attaching to luggage before shipment to retailers for resale, price tags bearing fictitious and excessive prices represented thereby as the usual retail prices. Mr. Fvederich McManus for the Commission. Mr. Charles H. Greenberg of Robinson, Greenberg and Lipman, of Philadelphia, Pa., for respondents.

Intt1au Dectsion py Harry R. Hiyxes, Hearing Examiner The Federal Trade Commission issued its complaint against the above-named respondents on September 2, 1959 charging them with having violated the Federal Trade Commission Act in the preticketing of luggage sold by them.

An agreement has now been entered into by respondents and counsel supporting the complaint which provides, among other things, that. respondents admit all the jurisdictional facts alleged in the coiplaint; that the record on which the initia] decision and the decision of the Commission shall be based shal] consist solely of the complaint and the agreement; that the making of findings 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 this proceeding without further notice to the respondents and when entered shall have the same force and effect as if entered after a full hearing, respondents specifically waiving all the rights they may have to challenge or contest the validity of the order; that the order may be altered, modified, or set aside in the manner provided for other orders: that the complaint may be used in construing the terms of the order: that the 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; and that the agreement. shall not become a part of the official record unless and until it becomes a part of the decision of the Commission. 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 BELBER TRUCK & BAG CO. ET AL. 603 602 Decision hereby accepted, the following jurisdictional findings made, and the following order issued :

1. Respondent Belber Trunk & Bag Company is a corporation organized, existing, and doing business under and by virtue of the laws of the State of New Jersey, with its office and principal place of business located at 1317 Filbert Street, in the City of Philadelphia, State of Pennsylvania.

Respondent Jack Brier is an officer of said corporate respondent. He formulates, directs, and controls the policies, acts and practices of said corporate respondent. His address 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, and the proceeding is in the public interest.

ORDER It is ordered, That respondents Belber Trunk & Bag Company, a corporation, and its officers, and Jack Brier, individually and as an oflicer of said corporation, and respondents’ agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of luggage or other merchandise in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Representing by preticketing or in any other manner, that any amount is the usual and regular retail price of merchandise when such amount. is in excess of the price at which said merchandise is usually and regularly sold at retail in the trade area or areas where the representations are made.

2. Putting any plan into operation whereby retailers or others may misrepresent the regular and usual retail prices of 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 shal], on the 28th day of November, 1959, become the decision of the Commission; and, accordingly :

It 7s ordered. That the respondents herein shal], 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. 599869—62——40 Decision 56 F.T.C.