E.J. Pager, Inc

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IN THE MATTER OF E. J. PAGER, INC., ET AL.

CONSEN'f ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE Commission AND THE FUR PRODUCTS LABELING ACTS Docket C-1608. CmlilJlaint, Oct. 30, 19C9-Decision, Oct. 30, 1969 Consent otder requiring a New York City wholesale furrier corporation to cease falsely invoicing its fur products. COMPLAI"T 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 E. J. Pagel', Inc., a corporation, and Edward J. Pagel', 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 Fnr Products Labeling Aet, 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 E. J. Pager, Inc. , is a corporation organized, existing and doing' business under and by virtue of the laws of the State of Kew York. Respondent Edward J. Pager is an offcer of the corporate respondent. He formulates, directs and controls the policies and acts and practices of the said corporate respondent including those hereinafter set forth. Respondents are wholesalers of furs with their offce and principal place of business located at 358 Seventh Avenue, New York Kew York.

PAR. 2. Respondents are now, and for some time last past have been, engaged in the intl' oductiol1 into C01l1merce, the sale, advertising and offering for sale in commerce, and the transportation and distribution in C01l1merce, of furs, as the terms "commerce and "fur" are defined in the Fur Products Labeling Act. PAR. 3. Certain of said 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 Rules and Regulations promulgated under such Act. E. J. PAGER, INC. , ET AL. 515 514 Complaint Among such falsely and deceptively invoiced furs, but not limited thereto, were imported furs covered by invoices which failed to show the country of origin of such imported furs. PAR. 4. Certain of said furs were falsely and deceptively invoiced with respect to the name of the country of origin of imported furs, in violation of Section 5 (b) (2) of the Fnr Products Labeling Act.

Among such falsely and deceptively invoiced furs, but not limited thereto, were imported furs covered by invoices which failed to show the country of origin of such imported furs. The omission of the required material fact as to the country of origin of the imported furs implied that the said furs were of domestic origin when in truth and in fact the said furs were of foreign origin, in violation of Section 5 (b) (2) of the Fur Products Labeling Act.

PAR. 5. The aforesaid acts and practices of respondents, as herein alleged, aye in violation of the Fur Products Labeling Act and the Rules and Regulations pyomulg'ated thereunder and constitute unfair methods of competition and unfair and deceptive acts and practices in commerce under the Federal Trade Commission Act.

DECISIO); 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 al1 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 Decision and Ordcr 76 F.

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 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 E. J. Pager, Inc. , is a corporation, organized, existing and doing business under and by virtue of the Jaws of the State of New York with its offce and principal place of business located at 358 Seventh Avenue, New York, New York. Respondent Edward J. Pager is an offcer of said corporation. He formulates, directs and controls the policies, acts and practices 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 orde?'ed That respondents E. J. Pager, Inc., a corporation and its offcers, and Edward J. Pag' , individuaUy 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 into comnlerce, or the sale, advertising or oftering for sale in con1merce, 01' the transportation or distribution in commerce, of any fur, as the terms commerce" and "fur" are defined in the Fur Products Labeling Act do forthwith cease and desist from falsely or deceptively invoicing furs 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 Jegible all the information required to be disclosed by Section 5 (b) (J) of the Fur Products Labeling Act.

2. Misrepresenting in any manner on an invoice, directly or by implication, the country of orin'in of any imported fur. It is further o?'dered That the respondent corporation shaU E. J. PAGER, INC. , ET AL. 517 514 Decision and Order forthwith distribute a copy of this order to each of its operating divisions.

It is fUTtheT Q1'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.