Sylvan R. Tron trading as Tron Furs

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IN THE MATTER OF SYL V AK R. TRON TRADING AS TIWK FURS CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket C-1470. Complaint, Dec. , 1968 Decision Dec. 1968 Consent order requiring a Kansas City, ::10., manufacturing furrier to cease misbranding, falsely invoicing and deceptively advertising its fur products.

COMPLAIJ\T Pursuant to the provisions of the Federal Trade Commission Act and the Fur Products Laheling Act, and by virtue of the authority vested in it by said Acts, the Federal Trade Commission, having reason to believe that Sylvan R. Tron, an individual trading as Tron Furs, 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 Sylvan R. Tron is an individual trading under the name of Tron Furs.

Respondent is engaged in the manufacture and distribution of fur products, namely coats, jackets, capes, stoles and scarves with his offce and principal place of business located at 228 Nichols Road, Kansas City, Missouri.

PAR. 2. Respondent is now and for some time last past has been engaged in the introduction and manufacture for introduction, into commerce, and the sale, advertising for sale and offering for sale in commerce, and in the transportation and distribution TRON FURS 1547 1546 Complaint in commerce, of fur products; and has manufactured for sale, sold, advertised, offered for saJe, 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 the fur product.

2 .To show that the fur product contained or was composed of used fur, when such was the fact.

3. To show the name, or other identification issued and registered by the Commission, of one or more of the persons who manufactured such fur product for introduction into commerce . introduced it into commerce, sold it in commerce, advertised or offered it for sale, in commerce, or transported or distributed it in commerce, 4. To show the name of the country of origin of the imported furs contained in the fur product, PAR, 4. Certain of said fur products were misbranded in violation of the Fur Products Labeling Act in that they were not labeled in accordance with the Rules and Regulations promulgated thereunder in the following respects:

describe fur 1. The term "natural" was not used on labels to , orproducts which were not pointed, bleached, dyed, tip-dyed otherwise artificially colored, in violation of Rule 19 (g) of said Rules and Regulations.

2. The disclosure "secondhand" was not set forth on labels as required, in violation of Rule 23 of said Rules and Regulations. 3. Labcls affxed to fur products did not comply with the minimum size requirements of OTIe and three-quarter inches by two and three-quarter inches, in violation of Rule 27 of said Rules and Regulations.

4. Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated , in viola-thereunder was mingled with non-required information tion of Rule 29 (a) of said Rules and Regulations, , 1548 FEDERAL TRADE COMMISSION DECISIO:-S Complaint 74 F, 5. Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was set forth in handwriting on labels, in violation of Rule 29 (b) of said Rules and Regulations. 6. Information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was not set forth in the required sequence, in violation of Rule 30 of said Rules and Regulations. 7. 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 more sections containing different animal furs, in violation of Rule 36 of said Rules and Regulations.

8. Required item numbers were 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 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 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.

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 or imported furs used in fur products.

PAR. 6. Certain of said 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 limited thereto, were fur products which were invoiced as "Japanese Mink" when the fur contained in such fur product was, in fact Japanese Weasel."

PAR 7. Certain of said fur products were falsely and deceptively invoiced in violation of the Fur Products Labeling Act in that TROi\ FURS 1549 1546 Complaint they were not invoiced in accordance with the Rules and Regulations promulgated thereunder in the following respccts : 1. Information required under Section 5 (b) (1) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was set forth in invoices in abbreviated form in violation of Rule 4 of said Rules and Regulations. 2. 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 Rule 19 (g) of said Rules and Regulations.

3. The disclosure "secondhand " was not set forth on invoices as required, in violation of Rule 23 of said Rules and Regulations. PAR. 8. Certain of said fur products were falsely and deceptively advertised in violation of the Fur Products Labeling Act in that certain advertisements intended to aid, promote, and assist, directly or indirectly, in the sale and offering for sale of such fur products were not in accordance with the provisions of Section 5 (a) of the said Act.

Among and included in the aforesaid false and deceptive advertisements, but not limited thereto, were advertisements of respondent which appeared in issues of the Kansas City Star, a newspaper published in the city of Kansas City, State of Missouri having a wide circulation in Missouri and other States of the United States.

Among such false and deceptive advertisements, but not limited thereto, were advertisements 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.

3. To show that the fur contained in the fur product was bleached, dyed, or otherwise artificially colored, when such was the fact.

4. To show that the fur product was composed in whole or in substantial part of paws, tails, bellies or waste fur, when such was the fact.

5. To show the country of origin of imported furs contained in fur products.

PAR. 9. By means of the aforesaid advertisements and others of similar import and meaning not specifically referred to herein respondent falsely and deceptively advertised fur products in that certain of said fur products were falsely or deceptively iden- , Complaint 74 F.

tified 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 (a) (5) of the Fur Products Labeling Act.

Among such falsely and deceptively advertised fur products but not limited thereto, were fur products advertised as "LAPI:when the fur contained in such fur products was, in fact rabbit." Also among such falsely and deceptively advertised fur products, but not limited thereto, were fur products advertised as BToadtail" thereby implying that the fur contained therein was entitled to the designation Broadtail Lamb" when in truth and in fact it was not entitled to such designation, PAR. 10. By means of the aforesaid advertisements and others of similar import and meaning not specifically referred to herein respondent falsely and deceptively advertised fur products with respect to the name of the country of origin of such fur products, in violation of Section 5(a) (5) of the Fur Products Labeling Act, Among such falsely and deceptively advertised fur products, but not limited thereto, were fur products advertised to show the country or origin of such fur products as France \vhen the country of origin of such fur products was actually the Lnited States, PAR, 11. By means of the aforesaid advertisements and others of similar import and meaning not specifically referred to herein respondent falsely and deceptively advertised fur products in violation of the Fur Products Labeling Act in that the said fur products were not advertised in accordance with the Rules and Regulations promulgated thereunder inasmuch as the term "natural" was not used 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. PAR. 12. Respondent in introducing, selling, advertising, and offering for sale, in commerce, and in processing for commerce fur products; and in selling, advertising, offering for sale and processing fur products which have been shipped and received in commerce, has misbranded such :fur products by substituting thereon, labels which did not conform to the rcquirements of Section 4 of the Fur Products Labeling Act, for the labels affxed to said fur products by thc manufacturer or distributor pursuant to Section 4 of said Act, in violation of Section 3 (e) of said Act. PAR. 13. Respondent in substituting labels as provided for Section 3 (e) of the Fur Products Labeling Act, has failed to keep and preserve the records required, in violation of said Section TRO N FURS 1551 1546 Decision and Order 3 (e) and Rule 41 of the Rules and Regulations promulgated under the said Act.

PAR. 14. The aforesaid acts and practices of respondent, as set forth above, arc 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 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 respondent that the law has been violated as alleged in such complaint, and waivcrs 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 respondent has 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 S 2.34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Slyvan R. Tron is an individual trading under the name of Tron Furs, with his otnce and principal place of business located at 228 Nichols Road, Kansas City, Missouri. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in thc public interest.

1552 FEDERAL TRADE COM !ISSION DECISIOKS Order 74 F.

ORDER It is ordered That respondent Sylvan R. Tron, individually and trading as Tron Furs, or under any other name or names, and respondent' s representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, or the 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 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 iuy product" 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 alj 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 set forth the term " natural" as part of the information required to be disclosed on a label under the Fur Products Labeling Act and the Rules and Regulations promulgated thcreunder to describe such fur product which is not pointed, bleached, dyed, tipdyed, or otherwise artificially colored. 3. Failing to disclose that such fur product contains or is composed of second-hand used fur. 4. Affxing to such fur product a label that does not comply with the minimum size requirements of one and three-quarters inches by two and three-quarters inches, 5. Setting forth information required under Section 4 (2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder mingled with non-required information on a label affxed to such fur product.

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 a label affxed to such fur product.

7. Failing to set forth information required under . Section 4 (2) of the Fur Products Labeling Act and the TRO N FURS 1553 1546 Order Rules and Regulations promulgated thereunder on a label affxed to such fur product in the sequence required by Rule 30 of the aforesaid Rules and Regulations. 8. Failing to set forth separately on a label affxed to such fur product 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 a label the item number or mark assigned to such fur product.

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 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 the invoices pertaining thereto 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 products. 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.

4. Failing 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, or otherwise artificially colored.

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

C. Falsely or deceptively advertising any fur product 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 such 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 1554 FEDERAL TRADE COM)!lssion DECISIONS Order 74 F.

Products Labeling Act.

2. Fails to sct forth the term "natural" as part of the information required to be disclosed in advertisements to describe such fur product which is not pointed bleached, dyed, tip-dyed, or otherwise artificially colored. 3. Falsely or deceptively identifies any such fur product as to the name or designation of the animal or animals that produced the fur contained in the fur product.

4. Falsely or deceptively identifies such fur produce as to the country of origin.

It is turtheT ordered That respondent Sylvan R. Tron, individually and trading as Tron Furs, or under any other name or names, and respondent's representatives, agents and employees directly or through any corporate or other device, do forthwith cease and desist from removing or causing or participating in the removal of, prior to the time any fur product subject to the provisions of the Fur Products Labeling- Act is sold and delivered to the ultimate consumer, any label required by the said Act to be affxed to such fur products, without substituting therefor labels conforming to Section 4 of said Act and the Rules and Regulations promulgated thereunder, and in the manner prescribed by Section 3 (e) of said Act.

It is turther ordered That respondent Sylvan R. Tron, individually and trading as Tron Furs, or under any other name or names, and respondent's representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, sale, advertising or offering for sale, in commerce, or the processing for commerce, of fur products; or in connection with the selling, advertising, offering for sale or processing of fur products which have been shipped and received in commerce, do forthwith cease and desist from: 1. Misbranding fur products by substituting for the labels affxed to such fur products pursuant to Section 4 of the Fur Products Labeling Act labels which do not conform to the requirements of the aforesaid Act and the Rules and Regulations promulgated thereunder. 2. Failing- to keep and preserve the records required by the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in substituting labels as permitted by Section 3 (e) of the said Act. ASSOCIATED MERCHANDISING CORP. ET AL. 1555 1555 Complaint It is turther ordered That the respondent herein shan, 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,