Lumberjack Meats, Inc

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IN THE MATTER OF LUMBERJACK MEATS, INC., ET AL.

CONSF,NT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 27r6. Comp/uint, .Jllly 197,s-Decif;io1/, July, 1!J7,' Consent order requiring a llirmingham, Ala., manufacturer of packaged meat and meat soy protein concentrate products, among other things to cease misrepresenting that its product Bun Pals is all-meat or solely a meat product; exaggerating the products' protein content in comparison with other food products; understating the products' fat content in comparison with othpr food products; ann making price comparisons between its products and other products only in equivalent unit: of quantity. Appearance!? For the Commission: Truett M. Honeycutt. For the respondents: Hamid Delbaum Tarrytown, N. 288 FEDERAL TRADE: COMMISSION DECISIONS Complaint 86 F.

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 Lumberjack Meats Inc., a corporation; and Harold Ahroms, individually and as an officer of said corporation, have violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereto would be in the public intercst, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondent Lumberjack Meats, Inc. is a corporation organized existing and doing business by virtue of the laws of the State of Alabama, with its office and principal place of business located at 21O-26th Ave., West, Birmingham, Ala.

Respondent Harold Abroms is an officer of the corporate respondent. He formulates, directs and controls the acts and practices of the corporate respondent including the acts and practices hereinafter set forth. His address is the same as the corporate respondent. PAR. 2. Respondent Lumberjack Mcats, Inc., is now and for some time last past has been engaged in the sale and distribution of a chicken, meat byproduct, meat, and soy protein concentrate product known as Bun Pals.

PAR. 3. Respondent Lumberjack Meats, Inc., causes the said product when sold, to be transported from its place of business in Alabama to purchasers located in various other States of the United States. Respondent Lumberjack Meats, Inc., maintains, and at all times mentioned herein has maintained a course of trade in said product in commerce as "commerce" is defined in the Federal Trade Commission Act. The volume of business in such commerce has been and is substantial.

PAR. 4. In the course and conduct of their business, respondents have disseminated and caused the dissemination of certain advertisements concerning the said product by the United States mails and by various means in commerce as "commerce" is defined in the Federal Trade Commission Act, including but not limited to advertisements inserted in newspapers located in various States of the United States and having interstate circulation among rcaders located outside the respective states of their publication, for the purpose of inducing and which were likely to induce, the purchase of said product in commerce as "commerce" is used in Sections 5 and 12 of the Federal Trade Commission Act, and as a result of such newspaper advertising and the mailng of ad vertising copy to newspapers for publication, and the mailing of newspapers containing such advertising to out of state 2R7 Complaint readers, respondents have disseminated and caused to be disseminated false advertising- by United States mails within the meaning of Section 12(a)(1) of the Federal Trade Commission Act. PAR. 5. Typical of the statements and representations in such advertisements, disseminated as aforesaid, but not aU inclusive thereof are the following: fsec pp. 298-298) PAR. 6. Through the use of the above advertisements, and others of similar import and meaning but not expressly scl out herein respondents have represented directly or by implication that: 1. Bun Pals is an all meat product in the same sense as pork chops boneless round, chuck roast, steak, and roast beef. 2. The price of Bun Pals is approximately one half (1/2) or less than the price of the comparative meat product. 3. Bun Pals contain more protein than boneless round, canned ham and roast beef and as much protein as pork chops, chuck roast and steak.

4. Run Pals contain less fat than honeless round, boneless chuck roast and steak.

PAR. 7. In truth and in fact:

1. Bun Pals is not an all meat in the same sense as pork chops boneless round, chuck roast and steak but instead the product is a combination of meat, meat byproducts, and soy protein concentrate which contains substantial quantities of non-meat ingredients. 2. The price of Bun Pals is substantially more expensive in relation to the comparative meat products than the ads depict. For example Bun Pals are more than one half (1/2) the price of equal quantities of all comparative meat products shown in the aforementioned advertisements except steak. For the latter, the price is one third (1/3) as expensive rather than one fourth (1/4) as the ad depicts. 3. Bun Pals contain less protein than boneless round, canned ham roast beef, pork chops, chuck roast and steak. In the instance of boneless round, the protein content of Bun Pals is less than one half 0/2) that of such product.

4. Bun Pals contain more fat than boneless round, boneless chuck roast and steak.

Therefore, the statements and representations as set forth in Paragraph Six hereof, were and are false, misleading and deceptive. PAR. 8. Respondent, Lumberjack Meats, Inc., at all times mentioned herein, has been and is now in substantial competition with individuals firms, and corporations engaged in the sale and distribution of meat meat food products and soy concentrate products which are purchased by consumers to supply meat or a meat substitute in their diets. PAR. 9. The use by corporate respondents of the aforesaid deceptive 2HO FEDERAL TRADE COMMISSION DECISIONS Decision and Order HG F.

statements, representations and practices has had, and now has the capacity and tendency to mislead members of the purchasing puhlic into the mistaken belief that such statements and representations are true and complete, and into the purchase of substantial quantities of corporate respondents' product by reason of such erroneous and mistaken belief. As a result thereof, substantial trade has been and is being diverted to corporate respondents from its competitors. PAR. 10. The aforesaid acts and practices of respondents as herein alleged, were and are all to the prejudice and injury of the puhlic and of respondents' competitors and constituted and now constitute, unfair methods of competition in commerce and unfair and deceptive acts or practices in commerce in violation of Sections 5 and 12 of the Federal Trade Commission Act.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of complaint which the Atlanta Regional Offce proposed to present to the Commission for its consideration and which if issued by the Commission, would charge respondents with violation of the Federal Trade Commission Act; and The respondents and .counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settement purposes only and does not constitute an admission by respondents that the law has been violated as alleged in such complaint and waivers and other provisions as required by the Commission rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have violated the said Act, 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 sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34(h) of its rules, the Commission hereby issues its complaint making the following jurisdictional findings and enters the following order:

1. Respondent Lumberjack Meats, Inc. is a corporation organized existing and doing business under and by virtue of the laws ofthe State of Alabama, with its office and principal place of business located at 210-26th Ave., West, Birmingham, Ala.

LUMBERJACK MEATS. INC., ET AL. 2!H Decision and. Order Respondent Harold Abroms is an officer of said corporation. He formulates, directs and controls the policies, acts and practices of said corporation. His principal office and place of business is located at the above-stated address.

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

ORDER IT IS OHDEHED, That respondents Lumberjack Meats, Inc., a corporation, its successors and assigns, and its officers, and Harold Abrams, individually and as an offcer of said corporation, and respondents' representatives, agents, and employees, directly or through any corporation, subsidiary, division or other device in connection with the advertising, offering for sale or sale of the product Bun Pals" or any other product in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Representing directly or indirectly that the product "Bun Pals or any other soy protein concentrate product is all meat or solely a meat product.

2. Representing directly or indirectly, that the protein content of the product "Bun Pals" is equal to or higher than that of boneless round, canned ham, roast beef, pork chops, chuck roast and steak, or misrepresenting in any manner the protein content of respondents products.

3. Representing directly or indirectly that the fat content of the product "Bun Pals" is equal to or less than that of boneless round boneless chuck roast, and steak, or misrepresenting in any manner the fat content of respondents' products.

4. Comparing the price of any given quantity of the product "Bun Pals" or any other product with that of another product unless such price comparison is expressed in equal quantities using equivalent units whether the compared product be described in generic terms or as a particular brand.

IT IS FURTHER ORDERED, That the respondent corporation shall forthwith distribute a copy of this order to each of its operating divisions.

IT IS F'URTHER ORDERED, That the individual respondent named herein shall promptly notify the Commission of the discontinuance of his present business or employment and of his affiliation with a new business or employment. Such notice shall include respondent' s current business address and a statement as to the nature of the business or 2!)~ FEDERAL TRADE COMMISSION DECISIONS Decision and Order 86 F. employment in which he is engaged as well as a description of his duties and responsibilities.

IT IS FURTHER ORDERED, That respondents notify the Commission at least thirty (30) days prior to any proposed change in the corporate respondent such as dissolution, assignment or sale resulting in the emergence of a successor corporation, partnership or other business entity, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations arising out of the order.

IT IS FURTHER ORDERED, That the respondents herein shall within sixty (60) days after service upon them of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which they have complied with this order. . . . ......

Decision and Order2R7 BONELESS ROUND $1.691b.

BUN PALS ARE ROUND & BONELESS . AND THEY FEEL GOOD WHEN YOU PAY FOR THEM.

Bun Pals give your family the meat they crave, plus extra protein and less fat. What more could a mother ask for'? Try Bun Pals! /.f J.le H;lt - - J D/1t /.lj BUN PALS All the Protein Money Used to Buy, d! Pals.

. Smoked Sau.';ge. Hed Hots. a.nd Lun Also Iry Flavor !'all Baton . : ,:, .. . , ;, . . . ;; _ ;,. . .... .. 294 FEDERAL TRADE COMMISSION DECISIO;-S 8(i FTC. Deeision and Order PORK CHOPS BUN Pals 58X 12... pk $1.29 lb. HOW TO PUT MEAT ON THE TABLE AND KEEP SOME MONEY IN YOUR POCKET.

We don t claim Bun Pals taste like pork chops. They taste like Bun Pals! And they give your family plenty of protein and less fat. Plus a break for your budget. Serve ' 10..

P1lio h1h1t " :.. .. 'I :;i d ""," Fed "aj 1'Ild"C'OI!!S9JOn IUN 'I.S All the Protein Money Used to Buy. A. . Also lr-" Flavor Pals Baton. Srnokrli Sall . Reri Hm" , ana Lun h Pills . ..,,, p ,,,, .... ..... . .. UHIBER.JACK MEATS. INC.. ET AL. J;) 287 Decision and Order BONELESS CHUCK ROAST $1.59 lb.

BEFORE YOU CHUCK MEAT ALTOGETHER, TRY BUN PALS.

, not many people roast Bun Pals. But they sure taste good fried, broiled, or barbecued.

And they give you plenty of protein and less fat. Especially in the budget. Try ' cm I U;dtlt aU' 11' ..11 f;"'"'ocu- - llot"!"",,,,.- F"d" l! r, II CD .

ney Used to Buy.

A:so je." FI :s 1:acol1 . Smo ed SalL'ig, Red ilo: . a:' d ;.. , PHI- 217-184G- 7Gj 29fi FEDERAL TRADE COMMISSION DECISIONS Deci",ion and Order RG F.T.C. STK $2.391b. BUN Pals 59( I20L THE HIGHER STEAK GOES THE MORE YOU'LL LIKE BUN PALS.

We don t claim Bun Pals taste like steak. But we do know that ounce for ounce, Bun Pals give your family as much protein and lcss fat. So serve 'em up! 1'.,C"r.E.... b"''I """ I ;o 8(J.ID Yourthebudgetdifference.wil taste 41. BUN PAL Al try Fin YOr Pals Bacon, Smoked Sauage, Hed Hol . IInd Lunch Pilla. ( j . ,. . ......... . Ll:MBERJACK rEATS. r:-c.. I-T AI,. 297 287 Decision and OJ'clf'J' m"'.

CANNED HAM BUN PALS Sf( $1.29 lb. 12... pqo THREE KIDS, A HUSBAND AND A BUDGn AND BUN PALS We have nothing against canned ham. Except the price.

And so we offer Bun Pals as a mighty tasty substitute. Plus more protein and less fat. 'fy Bun Pals and see! !!.3 5.5r."

J'J.",n/'J.1: j"i.t . e '-'0' ""do BUN PALS All the Protein Money used to Buy.

Also try' Flavor Pals Heco" , Smoked Sausge, I- (i Hoes, Bnd LlJLl'lll'als ,.,,,., ,,.,. ...... .

29H FED,;RAL TRADE COMMISSION DECISIONS Ho F. Decision and Order BUN PAL ROAST BEEf 12.. $1.59 lb.

DON' T BEEF ABOUT THE HIGH PRICE OF MEAT.

EAT BUN PALS! We don t think Bun Pals taste like roast beef. They taste like Bun Pals! And that's good! So is the extra protein and lower .. e. fat content. See if you don like Bun Pals! "'U. .Q,. '10' "n . e I -Elbtt r... AttOJ' c.""'"

rJl BUN All the Protein Money Used to Buy.

Al try Flavor Pall Bacon., Smoked Se\.ge, Roo How, and Lunch PU. 299 Complaint