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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
COMMISSION COMPLAINT FEDERAL TRADE COMMISSION FISHING REPRESENTATION UNITED STATES JOHNSON WORLDWIDE ACT VIOLATION SUCCESSORS CONSUMER PROTECTION AGREEMENT JURISDICTION RULING TERMINATE APPEALING MATERIALS PRACTICES THEREAFTER CONSENT JURISDICTIONAL FACTS MATTER OFFICERS DIRECTORS MANUFACTURING SALE ADVERTISING PROMOTION COMMERCE |
9923019
B254538
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
COMMISSIONERS:
Robert Pitofsky, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
In the Matter of
JOHNSON WORLDWIDE ASSOCIATES, INC. a corporation.
DOCKET NO. C-3862
DECISION AND ORDER
The Federal Trade Commission having initiated an investigation of
certain acts and practices of the respondent named in the caption
hereof, and the respondent having been furnished thereafter with a
copy of a draft complaint which the Bureau of Consumer Protection
proposed to present to the Commission for its consideration and which,
if issued by the Commission, would charge respondent with violations
of the Federal Trade Commission Act; and
The respondent, its attorney, and counsel for the Commission having
thereafter executed an agreement containing a consent order, and
admission by the respondent of all the jurisdictional facts set forth
in the draft complaint, a statement that the signing of said agreement
is for settlement purposes only and does not constitute an admission
by respondent that the law has been violated as alleged in such
complaint, or that the facts as alleged in such complaint, other than
jurisdictional facts, are true, and waivers and other provisions as
required by the Commission's Rules; and
The Commission having thereafter considered the matter and having
determined that it had reason to believe that the respondent violated
the said Act, and that a 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 of its Rules, the Commission hereby issues
its complaint, makes the following jurisdictional findings, and enters
the following order:
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2
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COMPLAINT
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EXTRACTED KEY WORDS
SUPER MONO FISHING SUPER MONO JAPANESE COMPONENTS AMERICAN EXHIBIT RESPONDENT PICTURE FEDERAL TRADE COMMISSION ACT UNITED STATES ADVERTISEMENTS LABOR PARAGRAPH REPRESENTATION CATALOG ORDINARY CONSUMER COMPREHEND JOHNSON WORLDWIDE ALLEGES PRACTICES COMPLAINT AFFECTING COMMERCE JAPAN SPOOL LABELING REPRESENTATION SET MISLEADING PROMOTIONAL MATERIALS PAMPHLET |
9923019
B254538
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
JOHNSON WORLDWIDE ASSOCIATES, INC., a corporation.
DOCKET NO. C-3862
COMPLAINT
The Federal Trade Commission, having reason to believe that Johnson
Worldwide Associates, Inc. ("respondent") has violated the provisions
of the Federal Trade Commission Act, and it appearing to the
Commission that this proceeding is in the public interest, alleges:
1. Respondent Johnson Worldwide Associates, Inc. is a Wisconsin
corporation with its principal office or place of business at 1326
Willow Road, Sturtevant, Wisconsin 53177.
2. Respondent has advertised, labeled, offered for sale, sold, and
distributed products to the public, including fishing line.
3. The acts and practices of respondent alleged in this complaint have
been in or affecting commerce, as "commerce" is defined in Section 4
of the Federal Trade Commission Act.
4. Respondent has disseminated or has caused to be disseminated
packaging for its Spiderwire Super Mono Super Monofilament ("Super
Mono") fishing line, including but not necessarily limited to the
attached Exhibit A. The front panel of this packaging contains the
following statement:
"MADE IN THE USA of American and Japanese components."
5. Through the means described in Paragraph 4, respondent has
represented, expressly or by implication, that its Super Mono fishing
line is made in the United States of American and Japanese components.
6. In truth and in fact, the Super Mono fishing line is totally made
in Japan with Japanese labor and components. Only the spool on which
the fishing line is wrapped and the package, labeling, and package
inserts contain American labor or components. Therefore, the
representation set forth in Paragraph 5 was, and is, false or
misleading.
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3
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ANALYSIS
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EXTRACTED KEY WORDS
FISHING RESPONDENT UNITED STATES FISHING PRODUCT PROPOSED CONSENT ORDER AGREEMENT PACKAGING COMMISSION COMPLAINT CHARGES SUPER MONO FISHING LABOR COMPLIANCE PUBLIC RECORD ADVERTISING LABELING PRACTICES AMERICAN JAPANESE PROVISION ACTS MANUFACTURING MATERIALS ENGAGING FISHING RODS FISHING REELS FISHING LURES FISHING SPOONS ORIGIN CLAIM QUALIFYING INFORMATION |
_________________________________________________________________
Analysis of Proposed Consent Order
to Aid Public Comment
_________________________________________________________________
The Federal Trade Commission has accepted an agreement, subject to
final approval, to a proposed consent order from respondent Johnson
Worldwide Associates, Inc.
The proposed consent order has been placed on the public record for
sixty (60) days for reception of comments by interested persons.
Comments received during this period will become part of the public
record. After sixty (60) days, the Commission will again review the
agreement and the comments received and will decide whether it should
withdraw from the agreement and take other appropriate action or make
final the agreement's proposed order.
This matter concerns advertising, packaging, labeling, and promotional
practices related to the sale of fishing line. The Commission's
complaint charges that respondent misrepresented on packaging that its
Super Mono fishing line is made in the United States of American and
Japanese components. In addition, the complaint charges that
respondent misrepresented in advertising that its Super Mono fishing
line is all or virtually all made in the United States. In truth and
in fact, the Super Mono fishing line is totally made in Japan with
Japanese labor and components. Only the spool on which the fishing
line is wrapped and the package, labeling, and package inserts contain
American labor or components.
The proposed consent order contains a provision that is designed to
remedy the charges and to prevent the respondent from engaging in
similar acts and practices in the future. Part I of the proposed order
prohibits the respondent from misrepresenting the extent to which any
fishing product is made in the United States. The order defines
fishing products as any product that is intended to be used for
fishing, including but not limited to fishing rods, fishing reels,
fishing line, fishing lures, and fishing spoons. The proposed order
would allow respondent to represent that such fishing products are
made in the United States as long as all, or virtually all, of the
components of the products are of U.S. origin and all, or virtually
all, of the labor in manufacturing them is performed in the United
States.
The proposed order also provides that respondent shall not make a
general U.S. origin claim, whether or not accompanied by qualifying
information (e.g., "Made in U.S.A. of U.S. and imported parts" or
"Manufactured in U.S. with imported materials") unless the fishing
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4
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
COMMISSION COMPLAINT PROPOSED RESPONDENT FEDERAL TRADE COMMISSION AGREEMENT JOHNSON WORLDWIDE REPRESENTATION FISHING UNITED STATES DRAFT COMPLAINT OFFICERS ACCEPTANCE VIOLATION SUCCESSORS CONSENT ORDER ACTS COUNSEL FACTS MANNER RULING CONSUMER PROTECTION TERMINATE APPEALING PRACTICES LAW PURSUANT PROCEEDING NOTIFY SUBSTANCE |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
In the Matter of
JOHNSON WORLDWIDE ASSOCIATES, INC. a corporation.
FILE NO. 992-3019
AGREEMENT CONTAINING CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of Johnson Worldwide Associates, Inc., a
corporation ("proposed respondent"). Proposed respondent, having been
represented by counsel, is willing to enter into an agreement
containing a consent order resolving the allegations contained in the
attached draft complaint. Therefore,
IT IS HEREBY AGREED by and between Johnson Worldwide Associates, Inc.,
by its duly authorized officers, and counsel for the Federal Trade
Commission that:
1. Proposed respondent Johnson Worldwide Associates, Inc. is a
Wisconsin corporation with its principal office or place of business
at 1326 Willow Road, Sturtevant, Wisconsin 53177.
2. Proposed respondent admits all the jurisdictional facts set forth
in the draft complaint.
3. Proposed respondent waives:
a. Any further procedural steps;
b. The requirement that the Commission's decision contain a
statement of findings of fact and conclusions of law; and
c. All rights to seek judicial review or otherwise to challenge
or contest the validity of the order entered pursuant to this
agreement.
4. This agreement shall not become part of the public record of the
proceeding unless and until it is accepted by the Commission. If this
agreement is accepted by the Commission, it, together with the draft
complaint, will be placed on the public record for a period of sixty
(60) days and information about it publicly released. The Commission
thereafter may either withdraw its acceptance of this agreement and so
notify proposed respondent, in which event it will take such action as
it may consider appropriate, or issue and serve its complaint (in such
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