Jack Field

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In THE MATTER OF JACK FIELD COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 5485. Complaint, Mar. 6, 1947—Decision, May 25, 1948 Where an individual engaged in the interstate sale and distribution of furs and fur garments— Falsely represented wearing apparel made of black Arabian kidskins as “Black Bombay Lamb” in invoices, tags, labels, and in various other advertising; With tendeney and capacity to mislead and deceive a substantial portion of the purchasing public and thereby induce it to purchase said merchandise as and for garments made of the superior, preferred, and higher-priced black Bombay lambskins, and with effect of placing in the hands of purchasers of his said merchandise for resale a means and instrumentality whereby they might and did mislead and deceive the purchasing public as aforesaid : Held, That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public and constituted unfair and decentive acts and practices in commerce.

Mr. Dewitt 7. Puckett for the Commission.

Complaint Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal ‘Trade Commission, having reason to believe that Jack Field, an individual, hereinafter referred to as respondent, has violated the provisions of said 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: Paracrapy 1. The respondent, Jack Field, is an individual doing business at 721 Southwest Sixth Avenue (Portland Hotel), in the city of Portland, Oreg. He is now and for more than 1 year last past has been engaged in the sale and distribution of furs and fur garments. Respondent causes and has caused the aforesaid products, when sold, to be transported from his aforesaid place of business in the State of Oregon to purchasers thereof at their respective points of location in various States of the United States other than the State of Oregon, and in the District of Columbia. Respondent maintains and at all times mentioned herein has maintained a course of trade in said products In commerce among and between the various States of the United States and in the District of Columbia. : Par. 2. In the course and conduct of his aforesaid business, and for the purpose of inducing the purchase of his said merchandise, respond- JACK FIELD 879 878 Findings ent has made false, misleading, and deceptive statements and representations with reference to his said products. Such statements and representations appeared in invoices, on tabs attached to said products and in various other ways, which statements and representations. have been circulated among purchasers and prospective purchasers located in States other than the State of Oregon.

Par. 3. In the course and conduct of his aforesaid business, the respondent offered for sale and sold articles of wearing apparel made of black Arabian kidskins, labeled, invoiced, and otherwise advertised as “Black Bombay Lamb.”

Par. 4. There is a marked difference in quality and price between garments made of black Bombay lambskins and those made of black Arabian kidskins, the garments made of black Bombay lambskins being superior in quality and higher in price than those made of black Arabian kidskins, and there is a purchaser preference for garments made of black Bombay lambskins.

Par. 5. The use by the respondent of the foregoing false, misleading, and deceptive statements and representations, as aforesaid, has had and now has the tendency and capacity to mislead and deceive and has misled and deceived the purchasing public into the erroneous and mistaken belief that such representations and statements were true, and has caused the purchasing public, because of such erroneous and mistaken belief, to purchase respondent’s said merchandise. By said acts and practices respondent has also placed in the hands of purchasers of said merchandise for resale a means and instrumentality whereby they may and have misled and deceived the purchasing public as to the true facts in regard to said respondent’s merchandise. Par. 6. The aforesaid acts and practices of the respondent as herein alleged are all to the prejudice and injury of the public and constitute unfair or deceptive acts or practices in commerce within the intent and meaning of the Federal Trade Commission Act. Report, Frnprnes as To THE Facts, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on March 6, 1947, issued and subsequently served its complaint in this proceeding upon the respondent Jack Field, an individual, charging him with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On February 11, 1948, respondent filed his answer in which he admitted all the material allegations of fact set forth in said complaint and waived all intervening procedure and further hearing 789940—50 59 Findings 44 F.T.C. as to said facts. Thereafter, the proceeding regularly came on for final hearing before the Commission upon said complaint and the answer thereto; and the Commission, having duly considered the matter and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom. FINDINGS AS TO THE FACTS Paracraru 1. The respondent, Jack Field, is an individual with his principal place of business located at 721 Southwest Sixth Avenue (Portland Hotel), Portland, Oreg. He is now, and for more than 1 year last past has been, engaged in the sale and distribution of furs and fur garments, among which are articles of wearing apparel made of black Arabian kidskins.

Par. 2, In the course and conduct of his aforesaid business respondent causes his said merchandise, when sold, to be transported from his place of business in the State of Oregon to purchasers thereof at their respective points of location in various other States of the United States and in the District of Columbia, and maintains, and at all times mentioned herein has maintained, a course of trade in said products in commerce among and between the various States of the United States and in the District of Columbia.

Par. 3. In connection with the offering for sale, sale, and distribution of his aforesaid merchandise, including that made from black Arabian kidskins, and for the purpose of inducing its purchase, respondent invoices, tags, labels, and in various other ways advertises and represents said garments made from black Arabian kidskins as “Black Bombay Lamb,” which advertisements and representations respondent has circulated and distributed, or has caused to be circulated and distributed, among purchasers or prospective purchasers located in States other than the State of Oregon.

Par. 4. The aforesaid statements and representations are false, deceptive, and misleading. The garments and wearing apparel which respondent represents and advertises as “Black Bombay Lamb” are not made from the skins of black Bombay lamb, but in truth and in fact are made of black Arabian kidskin.

Par. 5. There is a marked difference in quality and price between garments made of black Bombay lambskins and those made of black Arabian kidskins. Garments made of black Bombay lambskins are JACK FIELD 881 878 ° Order superior in quality and higher in price than those made: of black Arabian kidskins, and there is a purchaser preference for the former. Par. 6. The use by respondent of the aforesaid false, deceptive, and misleading statements and representations has had, and now has, the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that the statements and representations are true, and causes a substantial portion of said public because of such erroneous and mistaken belief, to purchase respondent’s merchandise. Said acts and practices of respondent also place in the hands of purchasers of said merchandise for resale a means and instrumentality whereby they may, and do, mislead and deceive the purchasing public as to the true facts in regard to said merchandise.

CONCLUSION The acts and practices of respondent as herein found are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of the respondent, in which answer respondent admitted all the material allegations of fact set forth in said complaint and waived all intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and its conclusion that the respondent has violated the provisions of the Federal Trade Commission Act:

It is ordered, That the respondent, Jack Field, an individual trading under his own name or under any other name or names, his agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, and distribution of furs and fur garments in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from directly or indirectly:

Using the words “Bombay Lamb,” either alone or in conjunction with any other word or words, to designate furs or fur garments: made from the skins of Arabian kid, or designating or describing fur Order, 44 FB, T. O. or fur garments in any way other than by the use of the true name of the fur as the last word of the designation or description: Provided, That if a fur is so dyed or processed as to simulate another fur, and the name of the animal whose fur is so simulated be given, such name shall be immediately followed by and compounded with the words “dyed” or “processed,” together with the true name of the animal producing the fur as the last word of the description, and all words of such designation shall be equally conspicuous. Itis further ordered, That the respondent shall, within 60 days after the service upon him of this order, file with the Commission a report in writing setting forth in detail the manner and form in which he has complied with this order.

ARTRA COSMETICS, INC., ET AL. 883 Syllabus