Morris Wasserman Fur Corp

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502 FEDERAL TRADE COl'MISSION:- DECISIONS Decision and Order 76 F.

2. Failing to affx a stamp, tag, label, or other means of identification to each such product showing in a clear legible and conspicuous manner each element of information required to be disclosed by Section 4 (b) of the Textile Fiber Products Identification Act. 3. Setting forth on the label or elsewhere on the product non-required information so as to interfere with minimize, detract from, or conflict with the required information.

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

It is JUTther ordered That the respondents herein shall, within sixty (60) days after service upon them of this order, fie with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order. Ix THE 2\LATTER OF MORRIS WASSERMAN FUR CORP., ET AL.

CONSEKT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSIO:\ AND 1'HE FUR PRODUCTS LABELING ACTS Oct. 30, 1969 Docket C-l(j' 05. Crnnplaint, Oct. 30, j.969-Decision Consent order requiring a New York City fur merchant to cease 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 Morris Wasserman Fur Corp. , a corporation, and Morris Wasserman, individually and as an offcer of said corporation, hereinafter referred to as respondents have violated the provisions of said Acts and the Rnles and Regulations promulgated under the Fur Products Labeling Act, and it appearing to the Commission that a proceeding by it in respect MORRIS WASSERMAN FUR CORP. , ET AL. 503 502 Complaint hereby issues its com-thereof would be in the public interest, plaint stating its charges in that respect as follows: PARAGRAPH 1. Respondent Morris Wasserman Fur Corp. is corporation organized, existing and doing business under and by virtue of the laws of the State of New York. Respondent Morris Wasserman 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 fur merchants with their offce and principal place of business located at 150 West 30th Street, New York, New York.

PAR. 2. Respondents are now and for some time last past have been engaged in the introdnction 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 fnr products which have been made in whole or in part of furs which have been shipped and received in commerce; and have introduced into commerce, sold, advertised and offered for sale in commerce and transported and distributed in commerce, furs, as the terms "commerce fur" and "fur product" are defined in the Fur Products Labeling Act. PAR. 3. Certain of said fur products or furs 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 Rnles and Regulations promulgated under such Act.

Among such falsely and deceptively invoiced fur products or furs but not limited thereto, were fnr products or furs covered by invoices which failed:

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

2. To show the conn try of origin of imported furs or those contained in the fur products.

PAR. 4. Respondents sold and distributed fur products or furs which were bleached, dyed or artificially colored. Certain of these furs or fnr products were falsely and deceptively invoiced in violation of Section 5 (b) (2) of the Fur Products Labeling Act in that the said fur products were described on invoices as H1\link" with- Complaint 76 F.

out disclosing that said fur products or furs were bleached, dyed or otherwise artificially colored. The respondents' description of the said furs or fur products as "Mink" without a disclosure that the said furs or fur products were bleached, dyed or artificially colored had the tendency and capacity to mislead respondents customers and others into the erroneous belief that the fur products or furs were not bleached, dyed or otherwise artificially colored. Such failure to disclose a material fact was to the prejudice of respondents' customers and the purchasing public and constituted false and deceptive invoicing under Section 5(b) (2) of the Fur Products Labeling Act.

PAR. 5. Certain of said fur products or furs were falsely and deceptively Invoiced in violation of the Fur Products Labeling Act for the reason that they were not invoiced in accordance with the Rules and Regulations promulgated thereunder in that the fact that fur products or furs were composed of bleached, dyed or otherwise artificially colored fur was not disclosed in the required information on invoices covering the said fur products or furs in violation of Rule 19 (a) of said Rules and Regulations. PAR. 6. The aforesaid acts and practices of respondents, as herein alleged in Paragraphs Three. Four and Five, 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 Texties 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 settement purposes only and does not constitute an admission by respondents that the law has been vio- MORRIS WASSERMAN FUR CORP. , ET AL. 505 502 Decision and Order lated 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 following order: 1. Respondent Morris Wasserman Fur Corp. is a corporation organized, existing and doing business under and by virtue of the Jaws of the State of New York.

Respondent Morris Wasserman is an offcer of said corporation. He formulates, directs, and controls the acts, practices and policies of said corporation.

Respondents are fur merchants with their offce and place business located at 150 West 30th Street, New York, New York. 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 Morris Wasserman Fur Corp. a corporation, and its offcers, and Morris Wasserman, individually and as an offcer of said corporation, and respondents' 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 shipped and received in commerce; or in connection with the introduction into commerce or the sale, advertising or offering for sale in commerce, or the transportation or distribution in commerce of furs, as the terms commerce fur " and "fur product" are defined in the Fur Products Labeling Act, do forthwith cease and desist from falsely or deceptively invoicing furs or fur products by: Decision and Order 76 F.

" is de- 1. Failing to furnish invoices, as the tern1 "invoice fined 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 invoices that the fur contained in the flUs 01' fur products is natural when such fur is pointed, bleached, dyed, tip-dyed, or otherwise artificially colored.

3. Describing fur products or furs which have been bleached, dyed or otherwise artificially colored by the name of mink or by any other animal name or names without disclosing that the said flu products 01' furs were bleached, dyed or otherwise artificially colored.

It is further o1'dered That the respondent corporation shall forthwith distribute a copy of this order to each of its operating divisions.

It is fU1,thcI' 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.