Jack Feit, Inc

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IN THE MATTER OF JACK Felt, INC., ET AL.

CONSENT ORDER, ETC. , IN REGARD TO Tile ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELING ACTS Mar. , 1969 Docket C-1506. Complaint, Mar. 1969 Decision Consent order requiring a New York City manufacturer of fur trimmed ladies' garments 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 Jack Feit, Inc., a corporation and Jack Feit and Elaine Feit, individually and as offcers 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 its charges in that respect as follows: PARAGRAPH 1. Respondent Jack Feit, Inc. , is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York.

of the cor- Respondents Jack Feit and Elaine Feit are offcers porate respondent. They formulate, direct and control the acts, practices and policies of the said corporate respondent including those hereinafter set forth.

Respondents are manufacturers of fur trimmed ladies' garments with their offce and principal place of business located 530 Seventh Avenue, New York, New 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, advertising, and offering for sale in commerce, and in the transportation and distribution in commerce, of fur products; and have trans-manufactured for sale, sold, advertised, offered for sale, ported and distributed fur products which have been made in whole or in part of furs which have been shipped and received 430 FgDERAL TRADE COMMISSION DECISIONS Complaint 75 F.

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 such product.

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

3. To show the country of origin of the imported furs used in such fur product.

PAR. 4. Certain of said fur products were misbranded in that labels attached thereto, set forth the name of an animal other than the name or names of the animal or animals that produced the fur from which the said fur products had been manufactured in violation of Section 4(3) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder. 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 in the foil owing respects:

(a) 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. (b) The term "natural" was not used on labels 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. 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) (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:

..,., ",..uuu 1. To set forth the true animal name of the fur used in the fur product.

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

falsely and decep- PAR. 7. Certain of said fur products were tively invoiced with respect to the name of designation of the animal or animals that produced the fur from which the said fur (b)products had been manufactured, in violation of Section 5 (2) of the Fur Products Labeling Act.

PAR. 8. 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 respects: Regulations promulgated thereunder in the following (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 Hule 4 of said Rules and Rcgulations. (b) The term "natural" was not used on invoices to describe tip-dyed, fur products which were not pointed, bleached, dyed , or otherwise artificially colored, in violation of Rule 19(9) of said Hules and Regulations.

PAR. 9. The aforesaid acts and practices by respondents, as Products Labeling herein alleged, are in violation of the Fur 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 investiganamed in tion of certain acts and practices of the respondents 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 Decision and Order 75 F.T.C.

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 § 2.34(b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1. Respondent Jack Feit, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business located at 530 Seventh Avenue, city of New York, State of New York.

Respondents Jack Feit and Elaine Feit are officers of said corporation and their 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 Jack Feit, Inc., a corporation, and its officers, and Jack Feit and Elaine Feit, individually and as officers of said corporation, and respondents’ 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 “fur product” are defined in the Fur Products Labeling Act, do forthwith cease and desist from: A. Misbranding fur products by:

1. Failing to affix a label to such fur products showing in words and in figures plainly legible all of the in- 429 Decision and Urder formation required to be disclosed by each of the subsections of Section 4(2) of the Fur Products Labeling Act.

2. Setting forth on labels attached to fur products the name or names of any animal or animals other than the name of the animal producing the fur contained in such fur products, as specified in the Fur Products Name Guide and as prescribed by the aforesaid Rules and Regulations.

3. Setting forth information required under Section 4(2) of the Fur Products Labeling Act and the Rules and Regulations promulgated thereunder in abbreviated form.

4. Failng to set forth on labels the term "natural" to describe fur products which are not pointed, bleached dyed, tip-dyed, or otherwise artificially colored. 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 by each of the subsections of Section 5(b) (1) of the Fur Products Labeling Act. 2. Setting forth on invoices pertaining thereto, the name or names of any animal or animals other than the name of the animal producing the fur contained in such fur product as specified in the Fur Products Name Guide and as prescribed by the Rules and Regulations. 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 an invoice under the Fur Products Labeling Act and Rules and Regulations promulgated thereunder to describe such product which is not pointed, bleached, dyed, tip-dyed or otherwise artificially colored.

It is further ordered That the respondent corporation shall forthwith distribute a copy of this Order to each of its operating divisions.

It is further ordered That the respondents herein shall, within sixty (60) days after service upon them of this order, fie with Complaint 75 F.

the Commission a report, in writing, sctting forth in detail the manner and form in which they have complied with this order.