Herman Somerstein trading as; Amy-Joy Novelty Company

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

IN THE MATTER OF HER:VIA~ SOMERSTEIN TRADING AS A;VIY-JOY KOVELTY CO:VIPAKY CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VlOLATION OF THE FEDERAL TRADE COM MISSION AND THE FUR PIWDl'CTS LABELI:-G ACTS Docket C-1230. Complaint, JU,1U! rrb;" Decision, Jnne, 1967 Consent order requiring' a New YOl"k City manufactul"jng furrier' to cease misbranding and falsely invoicing his fur products. AMY-JOY NOVELTY CO. 1317 1316 Complaint COMPLAINT Pursuant 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, having reason to believe that Herman Somerstein, an individual trading as Amy-Joy Novelty Company, hereinafter referred to as respondent, has violated the provlsions 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 Herman Somel'stein is an individual trading as Amy-Joy Novelty Company. Respondent is a manufacturer of fur products with his offce and principal place of business located at 365 Seventh Avenue New York, New York.

PAR. 2. Respondent is now, and for some time last past has been, engaged in the introduction into commerce, and in the manufacture for 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 mar:ufactured for sale, 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 fur" and " fur product" are defined in the Fur Products Labeling Act. PAR. :3. Certain 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 form prescribed by the Rules and Regulations promulgated thereunder.

Among such misbranded fur products, but not limited thereto were fur products with labels which failed: 1. To show the true animal name of the fur used in any such fur product.

2. To show that the fur products were composed in '"whole or in substantial part of paws, tails, bellies, or waste fur, when such was the fact.

PAR. 4. Certain of said fur products were misbranded in violation of the Fur Products Labeling Act in that they were not Complaint 71 F.

labeled in accordance with the Rules and Regulations promulgated thereunder in the following respects: (a) The disclosure that fur products were composed in whole or in substantial part of paws, tails, bellies, sides, flanks, gills ears, throats, heads, scrap pieces or waste fur, where required, was not set forth on labels, in violation of Rule 20 of said Rules and Regulations.

(b) Required' item numbers were not set forth on labels, in violation of Rule 40 of said Rules and Regu.lations. PAR. 5. Certain of said fur pl'ducts were falsely and deceptively invoiced by the respondent 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 and deceptively invoiced fur products, but not limited thereto, were fur products covered by invoices which failed:

1. To show that the fur products contained or were composed of used fur, when such was the fact.

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

3. To show that the fur products were composed in whole or in substantial part of pav.. , tails, bellies, or \vaste fur, when such was the fact.

PAR. 6. 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 Rnles and Regulations promulgated thereunder in the following respects: (a) The term "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 R ule 19 (g) of said Rnles and Regulations.

(b) The disclosure that fur products were composed in whole or in substantial part of paws, tails, bellies, sides, flanks, gils ears, throats, heads, scrap pieces or waste fur, where required was not set forth on invoices, in violation of Rule 20 of said Rcdes and Regulations.

(e) Required item numbers were not set forth on invoices, in violation of Rule 40 of said Rules and Regulations. PAR. 7. The aforesaid acts and practices of respondent, as herein alleged, are in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder and constitute unfair and deceptive acts and practices and unfair AMY-JOY :-OVELTY CO. 1319 1316 Decision and Order methods of competition in commerce under the Federal Trade Commission Act.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Bureau of Textiles and Furs proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act and the Fur Products Labeling Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settement purposes only and does not constitute an admission by the respondent that the law has been violated as alleged in such complaint, and waivers and provisions as required by the Commission s rules; and The Commission, having reason to believe that the respondent has violated the said Acts, and having determined that complaint should issue stating Hs charges in that respect, hereby issues its complaint, accepts said agreement, makes the following jurisdictional findings, and enters the following order: 1. Respondent Herman Somerstein is an individual trading as Amy-Joy Novelty Company, with his offce and principal place of business located at 365 Seventh Avenue ew York, New York. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered That respondent Herman Somerstein, an individual trading as Amy-Joy X ovelty Company or 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 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, offering for sale, transportation or distribution, of any fur product which is made in whole or in part of fur which has been Decision and Order 71 F. shipped and received in commerce, as the terms "commerce fur" and "fur produd" are defined in the Fur Products Labeling Act, do forthwith cease and desist from: A. Misbranding any fur product by:

1. Failing to affx a label to such fur product showing in words and in figures plainly legible a1l of the information required to be disclosed by each of the subsections of Section 4 (2) of the Fur Products Labeling Act. 2. Failing to disclose on a label that such fur product is composed in whole or in substantial part of paws tails, bellies, sides, flanks, gills, ears, throats, heads scrap pieces or \vaste fuy.

3. Failing to set forth on a label the item number or mark assigned to such fur product.

B. Falsely or deceptively invoicing any fur product by: 1. Failing to furnish an invoice, as the term "invoice is defined in the Fur Products Labeling Act, showing in words and figures plainly legible a1l the information required to be disclosed by each of the subsections of Section ,6 (b) (1) of the Fur Products Labeling Act. 2. Failing' to set forth the term " natural" as part of the information required to be disclosed on an invoice under the Fur Products Labeling Act and Rules and Regulations promulgated thereunder to describe such fur product which is not pointed, bleached, dyed, tip-dyed or otherwise artificially colored.

3. Failing to disclose on an invoice that such fur product is composed in whole or in substantial part of paws tails, bellies, sides, flanks, gils, ears, throats; heads scrap pieces or waste fur.

4. Failing to set forth on an invoice the item number or mark assigned to such fur product.

It 'is 1m the?' ordered That the respondent herein 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 this order. SIDNEY BITTERMAX , INC. , ET AL. 1321 Complaint