Irving Sofer, Inc.

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manner and form of their compliance with this order, Ix Tile JYIATTER OF IRVING SOFER, INC., ET AL.

CONSENT ORDER, ETC. , 11\ REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COilDIISSION AND THE FUR PRODUCTS LABELING ACTS Docket C-1465. Complaint, Dec. 1.68--Dccisioll, Dec. , 1.968 Consent order requiring anew Yark City manufacturing furrier to cease misbranding and falsely invoicing its fur products. 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 Irving Sofer, Inc. , a corporation, and Irving Sofer, individually and as an offcer of said corporation, hereinafter referred to as respondents, have 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 i ls charges in that respect as follows: IRVING SOFER, INC. , ET AL. 1455 1454 Complaint PARAGRAPH 1. Respondent Irving Sofer, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of :\ew York.

Respondent Irving Sofer is an offcer of the corporate respondent. He formulates, directs and controls the acts, practices and policies of the said corporate respondent including those hereinafter set forth.

Respondents are manufacturers of fur products with their office and principal place of business located at 236 West 30th Street, New York, N ew York.

PAR. 2. Respondents are now and for some time last past have been engaged in the introduction into commerce, and in the manufacture for introduction into commerce, and in the sale, adverin the transporta-tising, and offering for sale in commerce, and tion and distribution in commerce, of fur products; and have manufactured 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 01' said ful' products were misbranded in that they were Falsely and deceptively labeled to show that fur con- L'c lled therein was natural, when in fact such fur was pointed bleached, dyed, tip-dyed, or otherwise artificially colored, in violation of Section 4 (1) of the Fur Products Labeling Act. PAR. 4. Certain of said fur products were misbranded in that they \were not labeled as required under the pl'ovisiollS of Section 4 (2) of the Fur Products Labeling Act and in the manner and form prescribed by the Hules and Rcgulations promulgated thereunder.

Among such misbranded fur products, but not limited thereto were fur products with lahels which failed to disclose that the fur contained in the fur product was bleached, dyed, or otherwise artificially colored, when such was the fact. PAR. 5. Certain of sa id fur products were falsely and dcceptively invoiced by the respondents in that they were not invoiced as required by Section 5 (h) (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 jJot limited thereto, were fur products covered hy invoices which failed to disclose that the Fur contained in the fur product was bleached, dyed, or otherwise artiicially colored, when such was the fact.

1456 FEDERAL TRADE COMMISSION DECISIOXS Decision and Order 74 F. 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 was natural, when in fact such fur was pointed, bleached, dyed, tip-dyed or otherwise artificially colored, in violation of Section 5 (b) (2) of the Fur Products Labeling Act.

PAR. 7. The aforesaid acts and practices of respondents, as herein alleged, are in violation of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder and constitute unfair methods of competition and unfair and deceptive acts and practices 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 respondents named in the caption hereof, and the respondents 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 respondents with violation of the Federal Trade Commission Act and the Fur Products Labeling Act; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission s Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have violated the said Acts, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of thirty (30) days, now in further conformity with the procedure prescribed in 34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the folio wing order:

, 1. Respondent Irving Sofer, Inc. , is a corporation organized existing and doing business under and by virtue of the laws of IRVING SOFER, IKC. , ET AL. 1457 1454 Decision and Order the State of New York, with its offce and principal place of business located at 236 West 30th Street, city of New York, State of New York.

Respondent Irving Sofer is an offcer of said corporation and his address is the same as that of said corporation. 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 Irving Safer, Inc., a corporation and its offcers, and Irving Sofer, individually and as an offcer of said corporation, and respondents' representatives, agents and employees, directly or throug-h any corporate or other device, in connection with the introduction, or manufacture for introductjon, 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 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 products by:

1. Representing, directly or by implication, on labels that the fur contained in any fur product is natural when the fur contained therein is pointed, bleached dyed, tip-dyed, or otherwise artificially colored. 2. Failing to affx labels to fur products showing in words and in figures plainly legible al1 of the information required to be disclosed by each of the subsections of Section 4 (2) of the Fur Products Labeling Act. B. Falsely or deceptively invoicing fur products by: 1. Failing to furnish invoices, as the term "invoice is defined in the Fur Products Labeling Act, showing in words and figures plainly legible al1 the information required to be disclosed by each of the subsections of Section 5 (b) (1) of the Fur Products Labeling Act. 2. Representing, directly or by implication, on invoices that the fur contained in the fur products is natural when such fur is pointed, bleached, dyed, tipdyed, or otherwise artificially colored. Complaint 74 F.

It is furthe?' ordered That the respondent corporation shah forthwith distribute a copy of this Order to each of its operatin" divisions.

It is further O1'dered That the respondents herein shall, 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 this order.