Green & Rothman

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IN THE MATTER OF GREEN & ROTHMAN, ET AL.

CONSENT ORDER, ETC., IN REGARD TO Tile ALLEGED VIOLATION OJ' THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Docket C-1502. C01nplaint, Mar. 1969-Dedsion, Mar. , 1969 Consent order requiring a New York City manufacturing furrier to cease misbranding and falsely invoicing its fur products, and furnishing false guaranties that its fur products are not misbranded or falsely invoiced. 406 EDERAL TRADE COMMISSION DECISIONS Complaint 75 F.

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 Green & Rothman, a partnership, and William Green and Zoltan Rothman, individually and as copartners trading as Green & Rothman, hereinafter referred to as respondents, have violated the provisions of said Act 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 Green & Rothman is a partnership, existing and doing business under and by virtue of the laws of the State of New York.

Respondents William Green and Zoltan Rothman are individual copartners trading as Green & Rothman. Respondents are manufacturers of fur products with their offce and principal place of business located at 214 West 30th Street, Ncw York, New York.

PAR. 2. Respondents arc now and for some time last past have been engaged in the introduction into commerce, and in the manufacturc 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 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" arc defined in the Fur Products Labeling Act. PAR. 3. Certain of said fur products were misbranded in that they were falsely and deceptively labeled to show that fur contained 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 provisions of Section 4(2) of the Fur Products Labeling Act and in the manner and form prescribed by the Hules and Hegulations promulgated thereunder.

Among such misbranded fur products, but not limited thereto L't;";''''VU .ouu vruer were fur products with labels which failed to disclose that the fur contained in the fur products was bleached, dyed, or otherwise artificially colored, when such was the fact. PAR. 5. 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 inasmuch as information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder was set forth on labels in abbreviated form, in violation of Rule 4 of said Rules and Regulations. PAR. 6. Certain of said fur products were falsely and deceptively invoiced by the respondents in that they were not invoiced as required by Section 5 (b) (l) 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 to disclose that the fur contained in the fur products was bleached, dyed, or otherwise artificially colored when such was the fact.

PAR. 7. 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. 8. Hespondents furnished false guaranties that certain of their fur products were not misbranded, falsely invoiced or falsely advertised when respondents in furnishing" such guaranties had reason to believe that fur products so falsely guarantied would be introduced, sold, transported or distributed in commerce, in violation of Section 10(b) of the Fur Products Labeling Act.

PAR. 9. The aforesaid acts and practices of respondents, as herein alleged, are in violation of the Fur Products Labeling Act and the l ules 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 Decision and Order 75 F.

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 therean ad-after executed an agreement containing a consent order, mission by the respondents of aU 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 agrecment and placed such agreement on the public record for a period of thirty (30) days, now in further conformity with the procedure prescribed in 92.34(b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and entcrs the following order:

1. Respondent Grecn & Rotham in a partnership existing and doing business under the laws of the State of New York, with its offce and principal place of business located at 214 West 30th Street, city of New York, State of New York. Respondents Wiliam Green and Zoltan Rothman are individual copartners trading as Green & Rothman and their address is the same as that of said partnership.

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 Green & Rothman, a partnership, and Willan Green and Zoltan Rothman, individually and as copartners trading as Green & Rothman or any other name or names, and respondents' representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction, or manufacture for introduction, into com- ....

UU "".L'-'merce, 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 any fur product by:

1. Representing, directly or by implication, on a label that the fur contained in such fur product is natural when the fur contained therein is pointed, bleached dyed, tip-dyed, or otherwise artificially colored. 2. Failing to affx a label to such fur product showing in words and in figures plainly legible all of the information required to be disclosed by each of the subsections of Section 4(2) of the Fur Products Labeling Act.

3. Setting forth information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in an abbreviated form on a label affxed 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 all 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 an invoice that the fur contained in such fur products is natural when such fur is pointed, bleached, dyed, tipdyed, or otherwise artificially colored. It is further' ordered That the respondents Green & Rothman indi-a partnership, and Wiliam Green and Zoltan Rothman, vidually and as copartners trading as Green & Rothman or any other name or names, and respondents' representatives, agents and employees, directly or through any corporate or other device, do forthwith cease and desist from furnishing a false guaranty that any fur product is not misbranded, falsely invoiced or falsely advertised when the respondents have reason to believe that such fur product may be introduced, sold, transported, or distributed in commerce.

Order 75 F.

It is further ordered 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.