Jack Berger Furriers Corp.

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IN THE JL-\TTER OF JACK BERGER F17RRTERS COHP. ET AL.

CO:KSENT mWER, ETC. , IX REG.ARD TO THE ALLEGED VIOLATION OF TIm FED- ERAL TR,\DE CO)BUSSIO AXD TI-IE YCR PIWDDCTS L\EELI::"W ACTS Docket C-7S. Complaint, Feb 1.1, nJ6;?-lJecision, Feb. Li.1.'C2 Consent order requiring manufacturing furriers in ='ew York City to cease yiolating tbe Fur Products Labeling Act by failing to shmy 011 invoices the true animal name of fur. to disclose when fur \nl.S artificially colored, and to comply with other invoicing requirements; and by furnishing false guaranties that certain of their fur products were not misbranded, falsely ilwoiced or falsely advertised.

CO:ifPLAIXT Pursuant to the provisions of the Federal Trade C01llmission .Act and the Fur Products Labeling Act, and by ,-irtuc of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that .Tack Berger Furriers Corp., a corporation Tack Berger, individually and an offcer of said corporate.ion and Louis Cohen individually, hereinafter referred to as respondents, have vio- , JACK BERGER FURRIERS CORP. ET AL. 301 300 Complaint lated the provisions of said Acts and the Rules and Hegulations promulgated under the Fur Products Labeling Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges iu that respect as follows:

P ARAGIL4.PH 1. Respondent Jack Berger Furriers Corp. is a corporation organized, existing and doing business under and by virtue of the laws of the State of Xew York, with its offce and principal place of business located at 145 west 28th Street, New York, N. Individual respondent Jack Berger is president of the corporate respondent and formulates, directs and controls its acts, practices and policies. His address is the same as the corporate respondent. Individual respondents Jack Berger and Louis Cohen formerly did business as co-partners trading as Berger &. Cohen Co. at 145 \Vest 28th Street, New York, N. Y. Said co-partnership was dissolved on or about February 28, 1961. The present address of individual respondent Louis Cohen is 51 Buchanan Place, Bronx PAR. 2. Subsequent to the effective date of the Fur Products Labeling Act on August 9 1D52 respondents Jack Berger Furriers Corp. Jack Berger, and Louis Cohen have engaged in the introduction into C01nmerce, and in the lnanufacture for introduction into comme.rce'" and in the sale, advertising, and oflering for sale, in conunerce" and in the transportation and distribution, in commerce, of fur products and have manufacture.d for sale, sold, advertised, offered for sa.1: transported and distributed fur products which have been made in whole or in part of fur which has been shipped and received in commerce as the terms "collllnerce fur" and " fur product'j are defined in the Fur Products Labeling Act.

PAn. 3. Certain of said fur products were falsely and deceptively invoiced by individual respondents .Tack Berger and Louis Cohen doing business as Berger & Cohen Co. in that they were not in voiced as required by Section 5 (b) (1) of the Fur Proclncts Labeling Act, and the Rules and Regulations promulgated under such Act. Among such falsely and deceptively invoiced fur products, but not limited thereto were invoices pertaining to such fur products which failed to show the true animal name of the fur used jn the fur product.

PAn. 4. Certain of said fur products were falsely and decf'ptively invoiced by individual respondents Jack Berger and Louis Cohen doing business as Berger & Cohen Co., in that they were not invoiced in a.accordance with the Rules and Regulations promulgated thereunder 302 FEDERAL TRADE COMMISSION DECISIOKS Complaint 60 F.

in that required item. numbers were not set forth on invoices in vioJnt.ion of I ule 40 of saiel Rules and Regulations. PAR. 5. Certain of said fur products were falsely and deceptively invoiced by corporate respondent .J ack Berger Furriers Corp. and individual respondent Jack Berger in that they were not invoiced as required by Section 5 (b) (1) of the Fur Products Labeling Act, and the Rules and Regulations promulgated under such Act. Among such falsely Hnd deceptively invoiced fur products, but not 1imitec1 thereto, were invoices pertaining to such fur products which failed:

1. To show the true animal name of the fur used in the fur product.

2. To disclose that the fur contained in the fur products was bleached, dyed, or othenvise artificially colored, when such was t.he fact.

PAR. G. Certain of said fur products were falsely and deceptively invoiced b:y corporate respondent ack Berger Furriers Corp. and inc11viclmt. respondent Jack Berger in that they were not invoiced in accordance ,,-ith the R.ules and Regulations promulgated thereunder in that required item numbers \Were not set forth on invoices in violation of Rule 40 of said Rules and Regulations. \H. 7. Inclivlehml respondents J aek Berger and Louis Cohen doing business as Berger & Cohen Co., furnished fa.lse guaranties that certain of their fur products were not misbranded, falsely invoiced or falsely achertisecl, \yhon said respondents in furnishing such guaranties had reason to believe that the fur products so falsely guaranteed would be introduced, sold, transported and distributed in commerce, ill violation of Section 10(b) of the Fur Prollucts Labeling Act.

PAl:. 8. Corporate respondent .Jack Berger Furriers Corp. and -individual respondcllt Jack Berger furnished false guaranties under Section 10 (b) of the Fur Products Labeling Act ith respect to certain of their Iur products by falsely representing in writing that the.y had a continuing guaranty on file with the FedenLl Trade Commission \yhen said respondents in furnishing such guaranties had reason to be.1ieyc that the fur products so lrLlsely guaranteed would be sold, transported and distributed in commerce, in violation of Rule 48(c) of the Rules and Hegulations promulgated under the Fur Products Labeling Act and Sect.ion 10 (b) of said Act. \R. D. The aforesaid acts and pract.ices of respondents, as herein alle.gec1, are. in violation of the Fur Products Labeling Act and the Rules and Regub.tions promulgated thereunder anel constitute unfair JACK BERGER FURRIERS CORP. ET AL. 303 Decision and Order and deceptive acts and practices and unfair methods of competition in commerce under the Federal Trade Commission Act. DECISION AJ\"-D ORDER The C0111nission 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 determimltion and with" 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 agreement containing a consent order, an aclrnission by respondents of all the jurisdictional facts set forth in the complaint a statement that the sig11ing of said agrcement is for settlement purposes only and does not constitute an aclmissionby respondents that the Jaw has been violated as set forth in the complaint, and waivers and provisions as required by the Commissjon s rules; and The Commission, having considered the agreement, hereby accepts same, issues its complaint in the form contemplated by said agree ment, makes the following jurisdictional findings, and enters the followjng order:

1. Respondent, Jack Berger Furriers Corp., is a corporation organized, existing and doing business linden' and by virtue of the laws of the State of K ew York, with its office and principal plack of business located at 145 "'Vest 28th St. , in the city of Kew York, State of - ew York.

Respondent ,Thel\ Berger 1 an offcer of said corporation and his address is the ::ame ,1S that of said r.orporation. Respoli(lont Louis Cohen formerly did business as co-partner "\"\1th respollllent . Jnek Be.rges trading as Berger 8: Cohen Co., at 145 ,Vest 23th StTP, , New York Y. The said partner::hip was dissolved on or about Fehru.ary :28 , 19(H.

2. The Federal Trade COlllmission has juric1iction of the subject matter of this proceeding ancl of the respOlldmlts, and the proceeding is in the public interest.

Order It -i8 ordered That respondents Jack BergeT Furriers Corp., a corporation, and its offcers, and Jaek Berger, inclivic1l1ally and as an offcer of said corporation, flnc1 Louis Cohen, incliviclurdly, ,and respondents' representatives, agents a,ncl employees, directly or through any corporate or other device, in connection ,with the introduction, or , 304 FEDERAL TRADE COMMISSION DECISION& Complaint GO F.

llanuf tCture for introduction, into commerce, or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce, of any fur product; or in connection with the manufacture for sale, sale, advertising, o:fering for sale, transportation or distribution, of any fur product "\which is 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 or deceptively invoicing fur products by: A. Failing to furnish invoices to purchasers of fur products showing in words and figures plainly legible ,all the information required to be disclosed by each of the subsections of Section 5 (b) (1) of the Fur Products Labeling Act.

B. Failing to set forth the ite,m number or mark assigned to a. fur product.

2. Furnishing false glULranties that fur products are not misbranded, falsely advertised or falsely invoiced under the provisions of the Fur Products Labeling Act, when there is reason to beEeve that the fur products falsely guaranteed may be introduced, sold transported or distributed in commerce.

It is further o?'de1'ed That the respondents herein shall, within sixty (60) days after service upon them of this order, file with the Comnlission a report in writing setting forth in detail the manner and form in which.h they have complied with this order.