Edward Zinman trading as Edward's Fur Shop

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IN THE MA TIER OF EDWARD ZIN IAJI TRADI"G AS EDWAHD' S FUR SHOP C01\"-SE T ORDER ETC., IN RI-:GARD TO THE ALLEGED VIOLATION OF THE FEDERAL T:PADE COJDITSSIOS AXD TUE FUR PRODL'CTS LABELI G ACTS Docket C-584. Complaint, Sept. n, 1965-Decision, Sept. , 1963 Consent order requiring a Boston retail furrier to cease violating the Fui' Products Labeling Act by failng, in labeling, invoicing and advertising, to show the true animal Dame of fur, when fur was used or secondhand, and when it was "natural" ; tailng on labels and invoices, to show when furs were artificially colored, to show the country of origin of imported furs on invoices and in advertising, and to identify the manufacturer, etc., on labels; using the term "Broadtail" improperly on invoices: and failng to comply in other respects with requirements ot the Act. , EDVI' ARD' S FUR SHOP 671 670 Complaint COMPLANT Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Labeling Act and by virtue of the authority vestd in it by said Acts, the Federal Trade Commission having reason to believe that Edward Zinman, an individual trading as Edward' s Fur Shop, hereinafter referred to as respondent, has violated the provisions of said Acts and the Rules and Regulations 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 in that respect as follows:

PARAGRAPH 1. Respondent Edward Zinman is an individual trading as Edward's Fur Shop.

Respondent is a retailer of fur products with his offce and principal place of business located at 21 Divest Street, Boston, Massachusetts. PAR. 2. Subsequent to the effective date of the Fur Products Labeling Act on August, 1 , respondent has been and is now engaged in the introduction into commerce, and in the sale, advertising, and offering for sale in commerce, and in the transportation and distribution in commerce of fur products; and has sold, advertised, offered for sale, transported and distributed fur products which have been made in whole or in part of furs which have been shipped and received in commerce, as the terms "commerce.e fur" and " fur prod uct" are defined in the Fur Products Labeling Act. PAR. 3. Certain of said fur products "ere misbranded in that they "ere not labeled as required under the provisions of Section 4 (2) of the Fur Products Labeling Act and in the manner and form pre. scribed by the Rules and Hegulations promulgated thereunder. Among such misbranded fur products, but not limited thereto were fur products that ,,'ere not labeled and fur products ,with labels '0 which failed:

1. To sho" the true animal name of the fur used in the fur product. 2. To show that the fur product contained or '''as composed of use. fur, when such was the fact.

3. To disclose that. the fur contained in the fur product ,,' bleached, dyed, or otherwise artificially colored, ,vhen such was the fact.

4. To show the name, or other identification issued and registered by the Commission, of one or more of the persons who manufa,ctured such fur product for introduction into commerce, introduced it into commerce sold it in commerce) advertised or ouered it for sale, in commerce, or transported or distributed it in commerce. 672 FEDERAL TRADE COMMISSION DECISIQKS Complaint 63 F.

PAR. 4. Certain of said fur products were misbranded in violation of the Fur Products Labeling Act in that they were not labeled in a.accordance with the Rules and Regulations promulgated thereunder in the following respects:

(aJ Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was set fort.h on labels in abbreviat.ed form, in violation of Rule 4 of said Rules and Rcgulations.

(b) The term "nat.ural" was uot used on labels t.o describe fur product.s which were not pointed, bleached, dyed, tip-dyed, or otherwise artificially colored, in violation of Rule 19(9) of said Rules and Regulations.

(0) The disc.osure "secondhand", where required, was not set forth on labels, in violation of Rule 23 of said Rules ancl Regulations. (d) Information required under Section 4 (2) of the Fur Produc.ts Labeling Act and the Hules and Regulations promulgated there under wa.s not completely set out on one side of labels, in violatioll of Rde 29 (a) of said Rules and Regulations. (e) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder "as set forth in handwriting on labels, in violation of Rule 29 (b) of said Rules and Regulations.

(f) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder Wits not set forth in the required sequence in violation of R.ule 30 of said Rules and Regulations.

(g) Information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was not set forth separately on labels with respect to each section of fur products composed of two or mote sections containing different animal furs, in violation of Rule 36 of said Rules ttnd Regulations.

(h) Required item numbers "ere not set forth on labels, in violation of Rule 40 of said Rules and Regulations. PAR. 5. Certain of said fur products were falsely and deceptively invoiced by the respondent in that t.hey were not invoiced as required by Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Re.gulations promulgated under such Act. Among such falsely and deceptively invoiced fur products, but not limited thereto, were fur product.s covered by invoices "which failed: 1. To show the true animal name of the fur used in the fur product. 2. To show that the fur product contained or was composed of used fur, when such was the fact.

ED"\V ARD' ,S FUR SHOP 673 670 Complaint 3. To disclose that the fur contained in the fur product was bleached, dyed, or otherwise artificially colored, when such was the fact.

4. To show the. country of origin of imported furs used in fur products.

PAR. 6. Certain of sa.icl fur products ' were falsely and deceptively invoiced with respect to the name or designation of the animal or animals that produced the fur from which the said fur products had been manufactured, in violation of Section 5 (b) (2) of the Fur Products Labeling Act.

Among such falsely and deceptively invoiced fur products, but not limitf;d thereto, were fur products which 'were invoiced as "BrOlultaiJ" thereby implying that the furs contained therein were entitled to the designat.ion " Broadtail Lamb' \Vhen in truth and in fact, they were not entitled to such designation.

PAR. 7. Certain of said fur products were falsely and deceptively invoiced in violation of the Fur Products Labeling Act in that they \Were not invoiced in accordance with the Rules and R.egulations promulgated there.under in the follo,ving respects: (a) Information required under' Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was set forth on invoices in abbreviated form, in violation of Rule 4 of said Rules and Regulations.

(b) The term "Persian Lamb" was not set forth on invoices in the manner required by Jaw, in violation of Rule 8 of said Rules and Regulations.

(c) The term "Dyed Broadtail-processed Lamb" was not set forth on invoices in the manner required by Jaw, in violation of Rule 10 of said Rules and Reguations.

( d) The ternl "natural" was not used on invoices to describe fur products which were not pointed, bleached, dyed, tip-dyed or otherwise artificially colored, in violation of Rule 19 (g) of said Rules and Regulations.

(e) The disclosure ';secondhand", where required, was not set forth on invoices, in violation of Rule 23 of said Rules and Regulations. (f) Information required under Section 5(b) (1) of the Fur Products Labeling Aet and the Rnles and Hegulations promulgated thereunder was not set forth with respect to the "fur" or "used fur" added to fur prod acts that had been repaired, resty Jed, or remodeled, in violation of Rule 24 of said Rules and Regulations. (g) Information required under Section 5(b) (1) of the Fur Products Labeling Act and the Huies and Regulations promulgated thereunder was not set forth separately on invoices with respect to each 674 FEDERAL 'TEADE CO L\1I5S10X DECISIO Decision and Order 63 F.

sect.ion of fur products composed of two or 11101'e sections containing different animal furs, in violation of Rule 36 of said Rules and Regulations.

(h) Required item numbers "ere not set fort.h on invoices, in violation of Rule 40 of said Rules and Regulations. PAR. 8. Certain of said fur products were falsely and deceptively ad.-rtised in violation of the Fur Products Labeling Act in t.hat. certain ach"ertisement.s intended t.o aiel, promote or assist, directly or indirectly, in the sale and offering for sale of such fur products, were not in accordance with the prm-isions of Section 5 (a) of the said Act. /\.among and included in the aforesaid advertisements, but not limited t.hereto, \Were advertisements of respondent which appeared in issues of the Boston Sunday Globe, a newspaper published in t.he city of Boston, State of Massachusetts.

Among such false and deceptive ad, ert.isements, but not limited thereto, \Vets advertisements vi-hieh failed: 1. To shmv the true allimalname of the fur used in the fur product. 2. To show the country of origin of imported furs contained fur products.

PAR. 9. By means of the aforesaid ad\'ertisements and others of similar import find meaning not specifically referred to herein, 1'espolll(mt falsely and deceptively achertlsed fur products in violation of thc Fur Products Labeling Act in that. t.he said fur products we.re liot ad \';rtisecl in accordance ,with the R.ules and Regulations promulgated thereunder in the follo"ing respects: (a.) The term "Persian Broadtail La.mb" was not set forth in the manner required, in violation of Hule S of the said Rules and R.regula. tions.

(b) The term "natural" '\"s not. used to describe fur products which \Were not pointed, bleached, dyed, tip-dyed 01' other\Yise artificially colored, in violation of Rule ID(g) of the said Rules and Hegulations.

(c) The disclosure "secondlullc1", I)here required, was not set forth in violation of Rule 23 of the said Rules and l\egulat.ions. PAR. 10. The aforesaid acts and practices of respondent, as herein alleged, are in violation of the Fur Products Labeling Act. and t.he R.ules and Hegulations promulgated thereunder and constitute unfair and deceptive acts and practices and unfair methods of competitjon in commerce under' the Federal Trade C0l1U11ission Act. DECISlOX AND ORDER The Commission having heretofore c1eternlined to issue its C01lplaint charging the respondent l1ftmed in the caption hereof with , EDWARD' $ FUR SHOP 675 670 Decision and Order violation of the Federal Trade Commission Act and the Fur Products Labeling Act, and the respondent 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 respondent and counsel :for the COllunission having thereafter exe,cutcd an agreement containing a c.onsent order, an admission by respondent of all the jurisdictional facts ::et fort.h in the complaint t.o issue herein, a st.atement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as set forth in such complaint, and waivers and provisions as required by the Commission rules; and The Commission, having considered the agreement, hereby a.ccepts same, issues its complaint in the form contemplated by said agree ment., makes t.he following jurisdictional findings, and enters the fan owing order:

1. Respondent Ecl-ard Zinman is an individual trading as Ed. YrfLrcl' s Fur Shop with his offce and principal place of business located at. 21 \Yest Street., Boston iassachusetts. 2. The Federal Trade Commission has jurisdiction of the subject r:natter of t h s proceeding Hnd or the respondellt, and the proceeding is in the public interest.

Order It is ordered That respondent :Edward Zinman, an individual trading as Ec1want s Fur Shop, or under any other trade name, and respondent' s representatives, agents and employee. , directly:y or through any corporate or other device, in connection with the introduct.on into commerce, or the sa,1e, advertising or offering for sale in C011mcree, or the transportation or distrilmtion in commerce, of any fur product; or in connection wit.h the sale, advertising, offering 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 the terms "commerce fur:' and " fur product" are defined in the Fur Products Labeling Act, do forthwith cease and desist. from:

A. :Misbranding fur prod \lets by:

1. Failing to affx labels to fur products shmying in words and in figures plainly legible ell! of the information required t.o be disclosed by each of the subsections of Sect.ion 4(2) of the Fur Products Labehng Act.

2. Setting forth information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regula- 676 FEDERAL TRADE CO::I:\lission DECISIO Dpcision and Order 63 F.

t.iOJlS prollmlgatecl thereunder in abbreviated form on labels affxed to fur products.

3. Failing to set forth the term "natural" as part of the information required to be disclosed on labels under the Fur Products Labeling Act and the Rules and Regulations promlllgaxed thereunder to describe fur products which are not pointed, bleached, dyed, tip-dyed, or othenvise artificially colored.

4. Failing to disclose that fur products contain or are composed of secondhand used fur.

5. Failing to set forth information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations thereunder on one side of labels affxed to fur products.

6. Setting forth information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in handwriting on labels affxed to fur products.

7. Failing to set forth information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder on labels in the sequence required by Rule 30 of the aforesaid Rules and Regulations.

8. Failing to set forth separately on labels attached to fur products composed of two or more sections containing different animal fur the information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder with respect to the fur comprising each section.

9. Failing to set forth on labels the item number or mark assigned to a fur product.

B. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices to purchasers of fur products showing in words and figures plainly legible all the information required to be disclosed in each of the subsections of Section 5 (b) (1) of the Fur Products Labeling Act. 2. Setting forth on invoices pertaining to fur products any false or deceptive information with respect to the name or designation of the animal or animals that produced the fur contained in such fur product.

3. Setting forth information required under Section 5 (b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form. ED1V ARD' YVH SHOP 677 670 Decision ilJd Order 4. Failing to set forth the term "Persian Lamb" in the manner required where an election is made to use that term instead of the word "Lamb"

5. Failing to set forth the term "Dyed Broadtail-processed Lamb" in the manner required where an election is made to use that term instead of the words "Dyed Lamb" 6. Failng to set forth the term "natural" as part of the information required to be disclosed on invoices under the Fur Products Labeling Act and Rules and Regulations promulgated thereunder to describe fur products which are not pointed, bleached, dyed, tip-dyed or otherwise artificially colored.

7. Failing to disclose that fur products contain or are composed of second-hand used fur.

8. Failng to set forth the information required under Section 5(b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder with respect to the "fur" or "used fur" added to fur products that had been repaired, restyled or remodeled.

9. Failing to set forth separately information required under Section 5(b) (1) of the Fur Products Labeling Act. and the Rules and Regulations promulgated thereunder with respect to each section of fur products composed of two or more sections containing different animal furs. 10. Failing to set forth on invoices the item number or mark assigned to fur products.

C. Falsely or deceptively advertising fur products through the use of any advertisement, representation, public announcement or notice which is intended to aid, promote or assist, directly or indirectly, in the sale, or offering for sale of any fur product, and which:

1. Fails to set forth in words and figures plainly legible all the information required to be disclosed by each of the subsections of Section 5 (a) of the Fur Products Labeling Act.

2. Fails to set forth the term "Persian Broadtail Lamb" in the manner required where an election is made to use that term instead of the word "Lamb"

3. Fails to set forth the term "natural" as part of the information required to be disclosed in advertisements under the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder to describe fur products which 780-0.18-69--4 678 l"EDERAL TRADE CQ:\MISSION DECISIONS Complaint 63 F.

are not pointed, bleached, dyed, tip-dyed or otherwise artificially colored.

4. Fails to disclose that fur products contain or are composed of secondhand used fur.

, wit.hin It is further ordered That t.he respondent. herein shall 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 t.his order.