N. & E. Greenberg Sons, Inc.

Text (OCR of the scan at left; may contain errors)

IN THE l\latter OF N. & E. GREENBERG SONS, lng, ET AL.

COX-SBNT OlilER , ETC. , Dr REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE CO::fl.fSSION A.KD THE F"'R PRODUCTS LABELING ACTS Docket C-I'O. Complaint, Peb. 19G2-Decision, Feb. 19G2 Consent order requiring .New York City furrier:, to cease Yiolating the Fur Products Labeling Act by labeling and invoicing as "natural", fur which was artificially colored, anel failng to show on labels and invoices that other fur wus artificially colored.

CO::lplaint Pnrsnant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, Imving reason t.o believe that N. E. Greenberg Sons, Inc. , a corporation, and Edward Greenbcrg, Louis Greenberg, Isadore Greenberg, Sa.rnuel Greenberg and Harry Greenberg, individually and as offcers of said corpora.tion, hereina.iter referred to a.s respondents, have violntecl the provisions of said Acts and the Rules and R.egulations promulgated under the Fur Products Labeling Act, and it appearing to the Commission that a. proceeding b:y it in respect thereof would be in the public interest, hereby issues it.s complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondent ::. & E. Greenberg Sons, Inc. , is a corporation organized, existing and doing business under and by virtue of the hews of the State of New Yark, with its offce and principal place of business located at 330 Seventh Avenue, Kew York, N. Edward Greenberg, Louis Greenberg, Isadore Greenberg, Samuel Greenberg , 248 FEDERAL TRAnE COM:VIISSION DECISIONS Complaint 60 F.

and Harry Greenberg are offcers of said corporate respondent and control, direct and formulate the acts, practices and policies of the said corporate respondent. Their offce and principal place of business is the same as that of the said corporate respondent. PAR. 2. Subsequent to the ell'active date of the Fur Products Labeling Act on August:: , H)52, respondents have been and are now engaged in the introduction into commerce, and in the manufacture for introduction into comlnerce, and in the sale, advertising, and offering for sale, in commerce, and in the transportation and distribution, in commerce, of fur products; and have manufactured for sale, sold, advertised, offered for mie, transported and distributed fur products which have been made in whole or in part of fur ,dlich had been shipped and received in commerce, as the Lerms " C011111CI'CO fur, and "fur product" are defined in the Fur Products Labeling Act. -\R. 3. Certain of said fur products were misbranded or otherwise falsely or deceptively labeled in that said fur products were labeled to shall that the fur coni aillecl therein "as Datural when in fact such fur was bleached, dyed or othery,ise n,rtifieially colored in violation of Section 4 (1) of the Fur Prollucts Labeling Act. 1R. 4. Cert.a.in of said fur products were misbranded in that they were not labeled as required under the provisions of Section 4(2) of the Fur Products Labeling Act and in the manner and fonn prescribed by the R,ules tnd Regulations promulgated thereunder. Among such misbranded fur products, but not limited thereto, \Were fur products ,with labels ,yhieh fa,iIed to disclose that t.he fur contained in the fur products ,"vas bleached dyed or otherwise artificially colored, when such was the fact.

1.R. 5. Certain of said fur product.s ,,,ere falsely and deceptively invoiced in that they ,were not in,Toiced as required under' the provisions of Section orb) (1) of the Fur Proclncts Labeling Act and in the manner and fornl prescribed by the Hulas and Regulations pro- JTIulgated thereul1(ler.

Among such falsely and deceptively invoiced fur products, but not limited thereto, were invoices pertaining to such fur products which failed to clisrJose that the fur contained in the fur products \Vas bleached, dyed or otherwise artificially colored when such was the fact. PAR. 6. Certain of said fur products 'were falsely and deceptively invoiced in that said fur products \Were invoiced to show that the fur contained therein "as natural "hen in fact such fur was ble,ached dyed or otherwise artificially colored in violation of Section 5(b) (2) of the Fur Products Labeling Act.

PAR. 7. Certain of said fur products \Were falsely and deceptively invoiced in viohttion of Section 5 (b) (2) ofthe Fur Proc1acts Labeling x. &. E. GREEl\BEHG SO ) I::C. ) ET AL, 249 247 Decision and Order Act in that such invoices contained statements to the effect that the respondents had a continuing guarantee on file with the Federal Trade Corrullission, If hen such was not the fact. PAR. 8. The aforesaid acts and practices of respondents, as herein alleged, are in violation of the Fur Products Labeling Act and the Rules and R.egulations promulgated thereunder and constitute unfair and deceptive acts and practices in commerce under the Federal Trade Commission Act.

DECISION AXD ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation of the Federal Trade Commission Act and the Fur Products Labeling Act, and the respondents having been served with notice of said determination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondents and counsel for the Commission having thereafter executed an a.agreement containing a consent order, an admission by the respondents of an the jurisdictional facts set forth in the complaint, a st.atement that the signing of sajd agreement is for settlement purposes only and does not consiitute an admission by respondents that the law has been violated as set forth in the complaint, and waivers and provisions as required by the Commission s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondent K. & E. Greenberg Sons, Inc., is a corporation organized, existing and doing business under and by virtlle of the laws of the State of New York, 1With its offce and principal place of business located at 330 Seventh Avenue, Kew York, N. Respondents Edward Greenberg, Louis Greenberg, Isadore Greenberg, Samuel Greenberg and l-Iarry Greenberg are officers of said corporate respondent and t1leir offce and principal place of business is the same as that of said corporate respondent. 2. The Federal Trade Commission has jurjsdiction of the subject maUcr of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered That. N. & E. Greenberg Sons, Inc. , a corporate.ion a.nd its offcers, and Edward Greenberg, Louis Greenberg, Isadore Greenberg, Samuel Greenberg and I-Iarry Greenberg, individually and as offcers of said corporation, and respondents' representatives, agents , 250 EDERAL TRADE COMMISSION DECISIONS Syllabus 60 F.

and employees, directly or through any corporate or other device, in connection with the introduction, or manufacture for introduction into COlnmerce, or the sale, advertising or offering for sale in commerce or the 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. Misbranding fur products by:

A. Representing directly or by implication on labels that the fur contained in the fur products is natural, when such is not the fact. B. Failing to affx labels to fur products showing in words and figures plainly legible all the information required to be disclosed by each of the subsections of Section 4(2) of the Fur Products Labeling Act.

2. Falsely or deceptively invoicing fur products by: A. Representing directly or by implication on invoices that the fur contained in fur products is natural, when such is not the fact. B. Failing to furnish to purchasers of fur products invoices showing all the information required to be disclosed by each of the subsections of Section 5(b) (1) of the Fur Products Labeling Act. 3. Falsely or deceptively invoicing fur products by representing directly or by implication that respondents have a continuing guarantee on file with the Federal Trade Commission when such is not the fact.

It is further o)'dered That the respondents herein shall, wi thin sixty (60) days after service upon them of this order, fie with the Commission a report in ,writing setting forth in detail the manner and form in which they have complied with this order.