Iel Huttner doing business as Sanitary Feather Co.

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IN THE MATTER OF IEL HUTTNER DOING BUSINESS AS SANITARY FEATHER CO.

CO:MPLAI . FI DIKGS, A D ORDERS IN REGARD TO THE ALLEGED VIOLATION 01\' SEC. 5 OF AN ACl' OF CONGRESS APPROVED SEPT. 26 , 1914 Docket 5874. Complaint, Apr. 1951-Decision, Au!!. , 1951 Where an individual engaged in the interstate sale and distribution of pilows- Represented that certain pilows were composed entirely of duck down and that such down was new an6 unused material, through such statements on the labels attached thereto FS "AU New ::Iaterial Consisting of Duck Down" or A11 New :YIaterial Consi ting of Imported Duck Down The facts being that four pi lows thus labeled were found to contain only 70. 72. , 69. , and 61.6 percent duck down, respectively, with the balance can. sisting of duck feathers and feather fiber, and to consist also in substantial part of used or secondhand feathers as distinguished from new and unused ones;

With tendency and capacity to mislead and deceive a substantial portion of the purchasing public with respect to its products and thereby induce purchase thereof:

Held That such acts and practices, under the circumstances set forth, were aU to the pre.iudice of the public and constituted unfair and deceptive acts and practices in commerce.

Before M1'. William L. Pack trial examiner. Mr. f("s8ell T. Porter for the Commission. Loesch, Scofield il B"T7 of Chicago, Ill., for respondent. CO:MPLAI::T 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 Daniel Huttner, an individual doing busine s as Sanitary Feather Co. , hereinafter referred to as respondent has violated the provisions of said act, and it appearing to the Commis:;ion that a proceeding by it in respect thereot would be in the public interest, hereby issues its complaint, stating its charges in that respec1; as follows:

PARAGRAPH 1. Respondent Daniel Huttner, is an individual doing business as Sanitary Feather Co., with his offce and principal place of business Jocated at 5034 South State Street, Chicago, Ill. P AI! 2. Respondent is now, and for several years last past, has engaged in the sale of pilows to dealers for resale to the public. Respondent causes and has caused his said pillows when sold to be shipped from his place of business in the State of Illnois to dealers located in various other States of the United States and maintains SAKITARY FEATHER CO. 183 182 Complaint and at all times mentioned herein has Inaintained, a. course of trade in his said pillows, in commerce, among and between the several States of the United States. His business in such trade has been and is substantial.

PAR. 3. In the course and conduct of his business, respondent causes labels to be attached to his pillows purporting to state and set out the composition and nature of the fillngs of said pillows. Typical but not all inclusive of these labels are the following: ALL NliW :\INL'ERIAL CONSISTING OF IMPOHTED neck DOWN ALL :\'V :\fA'lEHIAL CONSISTING OF DUCK DOWN PAR. 4. By means of the statements feppearing on the labels of his said pillows, respondent represented tllft the fillings of the pillows labeled "All new material consisting of imported duck down" and the pillows labeled "All new material consisting of duck down" were composed entirely of new duck down, the undercoating of a waterfowl. PAR. 5. The aforesaid statements are false, misleading, and deceptive. In truth tend in fact the filings of two pillows labeled "All new lllaterial consisting of imported duck clown were not composed entirely of new duck down but on the contrary contained approximately 15 and 14 percent feathers, respectively, substantial amounts of which were second-hand, and approximately 13 and 17 percent fiber, respectively. The fillings of two pillows labcled "All new material consisting of duck down" were not composed entirely of new cluck down but on the contrary contained approximately 13 and 22 percent duck feathers, respectively, substantial ml10unts of which were second-hand and approximately 26 and 8 percent fiber, respectively. PAR. 6. By attaching the false, misleading, and deceptive lahels to his pi11o""s, respondent placed in the hands of dealers means and instrumentalities by and through which they may mislead the purchasing public as to the content of said pillows. PAR. 7. The use by the respondent of the false, misleading, and deceptive 1labels have had and now have the tendency and capacity to mislead and deceive a substantial portion of the purchasing public as to the content of his said pilows and to induce a substantial portion of the purchasing public to purchase respondent's said pillows because of such erroneous belief.

PAR. 8. The aforesaid acts and practices of the respondent, as herein alleged, 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. 184 FEDERAL T'UDE COMMISSION DECISIO)/S Findings 48 F. T. C. DECISION OF 'rile COM:MISSION Pursuant to Rule XXII of the Commission s rules of practice, and as set forth in the Commission s "Decision of Commission and Order to File Report of Comp'iance " dated August 16, 1951, the initial decision in the instant matter of trial examiner William L. Pack as set out as follows, became on that date the decision of the Commission.

INITIAL DECISION I;Y WILLIAl\I L. PACK, TRIAL EXAMINER Pursuant to the provis: ons of the Federal Trade Commission Act the Federal Trade Comnission on April 23 , 1951, issued and subsequently served its comp: aint in this proceeding upon the respondent named in the caption hereor, cha.rging him with the use or unfair and deceptive acts and "qractices in commerce in violation or the provisions of that act. Thcrcafter a stipulation was entered into whereby it was stipulated and agreed that a statement of facts executed by counsel supporting the complaint and counsel ror respondent might be taken as the fac,;s in this proceeding and in lieu of evidence in Support or and in oppo.3ition to the charges stated in the complaint and that such statement d facts might serve as the basis for findings as to the facts and conc1nsion based thereon and an order disposing of the proceeding. 1Vhih counsel for respondent reserved in the stipulation the right to file proposed findings and conclusions and to argue the matter orally berore the trial examiner, such reservations were subsequently waived. The stipulation further provided that upon appeal to or review by the Commission such stipulation might be set aside by the Commission and this matter remanded for further proceedings under the ccmplaint. Thereafter the proceeding regularly came on for fimtl consideration by the trial examiner upon the complaint (no answer ha ving been filed by respondent) and stipulation, the stipulation having been approved by the trial examiner who, after duly considering the record herein, finds that this proceeding is in the interest of the public and makes the following findings as to the facts, conclusion drawn therefrom, and order. FI::DINGS AS TO THE FACTS PARAGRAPH 1. The respondent, Daniel Huttner is an lndividual doing business under the name Sanitary Feather Co. , with his offce and principal place of business located at 5034 South State Street Chicago, Il1.

SA."ITARY FEATHER CO. 185 182 Order PAR. 2. Respondent is now, and for several years last past has been engaged in the sale of pilows, the pilows being sold to dealers for resale to the public. Respondent causes and has caused his pillows, when sold, to be shipped from his place of business in the State of Illinois to purchasers in various other States of the United States. Respondent maintains and has maintained a course of trade in his pillows in commerce among and between the various States of t.he United St.ates.

PAR. 3. In the course and conduct of his business respondent att.aches to his pillo\vs labels purporting to state or set forth the materials of which such pillmys are made. In some instances such labels have been in,ceeumte and misleading. Labels attached to certain pilows read "All ew Material Consisting of Duck Down" or "All New Material Consisting of Imported Duck Down " t.hereby representing that such pillmvs were composed entirely of duck down, the undercoating of ducks, and that such down was new and unused material. Of four pilows so labeled one was found to contain only 61.6 percent duck down, 8.2 percent duck feathers, and approximately 26 percent feather fiber. Another contained only 70.5 percent duck down, 17. percent duck feathers, and 7.5 percent feather fiber. A third contained only 72.2 percent duck down, 11 percent duck feathers, and approximately 13 percent feat.her fiber. And the fourth contained only 69.1 percent duck down, 10.1 percent duck feathers, and approximately 17 percent feather fiber. :Moreovcl', in each of these instance.es the feather content consisted in substantial part of used or second-hand feathers as distinguished from new and unused feathers. PAIL 4. The acts and practices of respondent as set forth above have the tendency and capacity to mislead and deceive a substantial portion of the purchasing public with. respect to respondent's products, and the tendency and capacity.y to cause such portion of the public to purchase respondent's products as a result of the erroneous and mistaken belief so engendered.

CONCLUSION The acts and practices of the respondent as hereinabove set out are al1 to the prejudice of the public and constitute unfair and deceptive ads and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

ORDER It is ordered That the respondent, Daniel Huttner individually and trading under the name Sanitary Feather Co. or trading under any 186 FEDERAL ' TRADE COMMISSION DECISIONS Order 48 F.

other name, and his representatives, agents, and employees, directly or through any corporah; or other device, in connection with the offering for sale, sale and distribution of pillo"iVs in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. J\1isrepresenting in any manner or by any means, directly or by implication, the materials of ,which rcsponclenfs pillows are made. . Representing as composed of new material any pillow which is in fact composed in wh.Jle or in part of llsed or second-hand material. ORDER TC FILE Import OF COllIPLIAKCN It i8 order That the respondent herein shall, within GO days after 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 the onler to cease and desist (as required by said declaratory decision and order of August 1G, 1051j. H. T. POI DEXTER & SONS MERCHANDISE CO. 187 Complaint