John Flynn & Sons, Inc.

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I" THE MATl' OF JOHN FLYNN & SONS, INC., ET AL.

COX SENT ORDER , ETC. , IX REGARD TO THE ALLEGED VIOLATIO OF THE FEDERAL TRE COMMISSION ACT Docket 0-105. Complaint, Mar 28, 1962-Deciswn, Mar. 28, 1962 Consent order requiring Salem, :\:Iass., procesors of leathers for manufacture into ladies' shoe and other articles, to cease representig falsely that their leathers were produced from deer and elk hides by such practice as using ill advertsements in trade publications and on invoices and hangtags distributed to purchasers the terms IIDEERELK by Flynnta" and "Flynntan GluvElk"

CO:\IPLATNT 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 John Flyn & Sons Inc., a corporation, and Patrick H. Flynn and Michael F. Flynn individually and as offcers of John Flynn & Sons, Inc., hereinaft referred to as respondents, have violated the provisions of said Act and it appem ng to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges as follows:

PARAGRAPH 1. Respondent John Flynn & Sons, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the Commonwealth of Massachusetts, with its offce and principal place of business located at 80 Burton Street, Salem, Mass. Individual respondents Patrick H. Flynn and Michael F. Flynn are offcers of J ohu Flynn & Sons, Inc., and their addres is the same as that of said corporate respondent. The individual repondents, acting in cooperation with each other, formulate, direct and control all of the. policies and acts of said corporation. PAR. 2. Respondent John Flynn & Sons, Inc., is now, and has been for more than two years last past, engaged in processing, advertising, offering for sale, selling and distributing domestic leathers to be manufactured into ladies' shoes ami other articles for resale to the public. PAR. 3. In the course and conduct of their business, respondents now cause, and for some time last past have caused, said domestic leathers, when sold, to be shipped from their place of business in the State of :Massachusetts to the purchasers thereof located in other States of the l:nitedStates and maintain, and at all times mentioned JOHN FLYl\'N &: SONS. , INC. , ET AL. 653 652 Decision and Order herein have maintained, a substantial course of trade in said domestic leathers in commerce, as "commerce" is defined in the Federal Trade Commission Act. The volume of business done by respondents in said domestic leathers in commerce is now, and has been, substantial. PAR. 4. In the course and conduct of their business and for the purpose of inducing the purchase of their leathers, the respondents have placed advertisements in trade publications, and statements on invoices and on hangtgs distributed to purchasers of said leathers. Among and typical of the false and misleading representations llsed by respondents are the following:

DEERELK by Flynntan Flynntan GluvElk PAR. 5. Through the use of the foregoing statements and representations and others of similar import and meaning not specifically set out herein, respondents have represented, directly or indirectly, that their leathers are produced from deerhides and elkhides. PAR. 6. In truth and in fact, the said "DEERELK" and "Gluv Elk" leathers and leather products are made from leather materials other than the hides of deer and elk.

PAR. 7. Respondents by means of the aforesaid acts and practices have furnished to others the means and instrumentalities of deceiving the public as to the composition of said leather products. PAR. 8. In the course and conduct of their business, respondents are in substantial competition in commerce with corporations, firms and individuals engaged in the sale of deer and elk leathers. PAR. 9. The aforesaid acts and practices of the respondents have the capacity and tendency to confuse the public as to the composition of their leathers and to mislead the public into the erroneous and mistaken belief that the said leathers are deer and elk leathers and into the purchase thereof by reason of such erroneous and mistaken belief. PAR. 10. The aforesaid acts a.nd practices of respondents, as herein alleged, were and are all to the prejudice and injury of the public and of respondents' competitors and constituted, and now constitute unfair and deceptive acts and practices and unfair methods of competition, in commerce, within the intent and meaning of the Federal Trade Commission Act.

DECISION AND ORDER The Commission having heretofore determined to issue its complaint charging the respondents named in the caption hereof with violation , .

654 'FEDERAL TRADE COMMISSION DECISIONS Decision and Order 60 F.'l. of the Federal Trade Commission Act, and the respondents having been served with notice of said determination and with a copy of the complaint the Commission intended to issue, together with a proposed form of order; and The respondents and cmilsel for the Commission having thereafter executed an agreement containing a consent order, an admission by respondents of all the jurisdictional facts set forth in the complaint to issue herein, a statement that the signing of said agreement is for settlement purposes only and does not constitute an adnlission by respondents that the law has been violated as set forth in such complaint, and waivers and provisions as required by the Commission rules; and Tho Commission, having considered the a,agreement hereby accepts same, issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondent John Flynn & Sons, Inc., is a corporation organized existing and doing business under and by virtue of the laws of the Commonwealth of Massachusetts, with its offce and principal place of business located at 80 Burton Street, in the city of Salem, Commonwealth of Massachusetts, Respondents Patrick H. Flynn and 11ichael F, Flynn are offcers of said corporation and their addre::s is the saUle as that of said corporate.ion.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the re,spondents, and the proceeding is in the public interest.

ORDER It is ordered That respondents John Flynn & Sons, Inc., a corporation, and its offcers, and Patrick JI. Flynn and Jfichael F. Flynn individually and as offcers of said corporation, a,nd respondents' representatiycs, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of their products in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease ttnc1 desist from:

1. Using the terms "Deerelk" or "GluvElk" or the words "deer 01' "elk", or any colorable simulation or any other representation thereof, to designate, describe or refer to a product not composed of those respective hides; provided, hO\n'xer. that in the case of a leather or other product cont.aining leather n"which has been proce,ssed to simulate or imitate the appearance of deer leather or elk leather, the , T;XITED STATES MILLS CO. 655 652 Complaint words "deer" or "elk:' ma.y be used to describe truthfully the simulated appearance of the product as, for example Simulated Elk Gnlin " when immediately accOlnpanied by a clear and conspicuous disclosure of the kind of leather of which the product is made. 2. :Misrepresenting in any manner the composition of any of their products.

3. Furnishing to others any means or instrumentalities by or through which the public Ulay be misled with respect to any of the matters prohibited under paragraphs 1 ,md 2 hereof. It is fUj.ther ordered That the respondents herein shall, within sixty (60) days after service upon them of this order, fie with the Commission a report in writing setting forth in detail the manner 8ncl form in which they have complied with this order.