Greco Furs

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF SALVATORE F. GRECO TRADING AS GRECO FURS CONSENT ORDER, ETC. , IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND THE FUR PRODUCTS LABELI0:G ACTS Docket 1IJ31. Complaint, Nov. 1969-Decision, Nov. 17, 1969 Consent order requiring a :\Tew York City manufacturing and retailing furricr to cease misbranding, deceptively invoicing, and falsely advertising 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 Salvatore F. Greco, an individual trading as Greco 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 Salvatore F. Greco is an individual trading as Greco Furs.

Respondent is a manufacturer and retailer of fur products with his offce and principal place of business located at 363 Seventh Avenue, New York, New York.

PAR. 2. Respondent is now and for some time last past has 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 has 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" are defined in the Fur Products Labeling Act.

PAR. 3. Certain of said fur products were misbranded in that they were falsely or deceptively labeled or otherwise falsely or de- Complaint 76 F.

ceptively identified with respect to the fur contained therein by being represented as natural when in fact such fur was pointed bleached, dyed, tip-dyed, or otherwise artificially colored, in violation of Section 4(I) 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 Rules and Regulations promulgated thereunder.

Among such misbranded fur products, but not limited thereto were fur products without labels required by the said Act. 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 following respects:

(a) 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.

(b) Required item numbers were not set forth on labels, in violation of Rule 40 of said Rules and Regulations. PAR. 6. 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 animal or animals which produced the fur used in such rur products. (2) To disclose that the fur contained in the fur products was bleached, dyed, or otherwise artificially colored, when such was the fact.

(3) To show the country of origin of imported furs used in any such fur products.

PAR. 7. Certain or 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 Regulations promulgated thereunder in as much as required identification numbers were not set forth on invoices, jn violation of Rule 40 of said Rules and Regulations.

GRECO FURS 637 635 Complaint 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 advertisements, but not limited thereto, were oral representations of respondent relating to fur products which were made in whole or in part of furs which had been shipped and received in commerce. 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 adverb sed to show that the fur contained therein was natural, when in fact such fur was pointed, bleached, dyed, tip-dyed, or otherwise artiftcial1y colored, in violation of Section 5 (a) (5) of the Fur Products Labeling Act. PAR. 9. The aforesaid acts and practices of respondent, as herein alleged, 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 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 a1l 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 respondent 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 Order 76 F.

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 34 (b) of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the fonowing order: 1. Respondent Salvatore F. Greco is an individual trading as Greco Furs with his offce and principal place of business located at 363 Seventh A venue, city of New Yark, State of New York. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It is ordered That respondent Salvatore F. Greco, individuany and trading as Greco Furs or 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 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, 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. Falsely or deceptively labeling or otherwise falsely or deceptively identifying such fur product by representing, directly or by implication, that the fur contained in such fur product is natural when such fur is pointed bleached, dyed, tip-dyed, or otherwise artificiaUy colored. 2. Failing to affx a label to such fur product showing in words and in figures plainly legible aU of the information required to be disclosed by each of the subsections of Section 4 (2) of the Fur Products Labeling Act. GRECO FURS 639 635 Decision and Order 3. Failng 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 thereunder to describe such fur product which is not pointed, bleached, dyed, tip-dyed or otherwise artificially colored.

4. Failing to set forth on a label the item number or mark assigned 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 al1 the information required to be disclosed by each of the subsections of Section 5 (b) (1) ofthe Fur Products Labeling Act. 2. Failng to set forth on an invoice the item number or mark assigned to such fur product.

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 any such fur product, and which represents, directly or by implication, 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. It is further orde?ed That the respondent herein shall, within sixty (60) days after service upon him of this order, fie with the Commission a report in writing setting forth in detail the manner and form in which he has complied with this order.