United States Supreme Court Cases & Opinions

U.S. Supreme Court

FTC v. Mandel Brothers, Inc., 359 U.S. 385 (1959)

Federal Trade Commission v. Mandel Brothers, Inc.

No. 234

Argued March 23, 1959

Decided May 4, 1959

359 U.S. 385

Syllabus

1. The provisions of the Fur Products Labeling Act which prohibit false and deceptive invoicing apply to retail sales, and a retail sales slip is an "invoice" as that term is defined in § 2(f) of the Act. Pp. 359 U. S. 388-391.

2. In a proceeding charging a retail department store with misbranding its fur products in violation of the Fur Products Labeling Act, the Federal Trade Commission found that it had committed numerous violations of three of the six disclosure requirements of § 4(2), but that there was no evidence of violations of the other three, and the Commission issued a cease and desist order against "misbranding" fur products by failing to affix labels showing each of the six categories of information required by § 4(2).

Held: the Commission did not abuse its discretion by making its order apply to all six categories. Pp. 359 U. S. 391-393.

3. The Commission's order is to be rephrased so as not to suggest that the store had sold garments contrary to the disclosure requirements not found to have been violated here. P. 359 U. S. 393.

254 F.2d 18 reversed.