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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
COMMISSION COMPLAINT FEDERAL TRADE COMMISSION REPRESENTATION JORE CORPORATION UNITED STATES VIOLATION SUCCESSORS ACT CONSUMER PROTECTION AGREEMENT JURISDICTION DIRECTORS TERMINATE APPEALING RULING PRACTICES THEREAFTER CONSENT JURISDICTIONAL FACTS MATTER OFFICERS LABELING SALE EMPLOYEES MANUFACTURING ADVERTISING PROMOTION COMMERCE |
002 3237
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS:
Robert Pitofsky, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
Thomas B. Leary
In the Matter of
JORE CORPORATION, a corporation.
DOCKET NO. C-4004
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 thirty (30) 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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CONSENT AGREEMENT
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EXTRACTED KEY WORDS
COMMISSION COMPLAINT PROPOSED RESPONDENT FEDERAL TRADE COMMISSION JORE CORPORATION AGREEMENT REPRESENTATION DRAFT COMPLAINT UNITED STATES ACCEPTANCE VIOLATION SUCCESSORS CONSENT ORDER COUNSEL OFFICERS FACTS MANNER CONSUMER PROTECTION TERMINATE APPEALING LABELING SALE RULING ACTS PRACTICES LAW PURSUANT PROCEEDING NOTIFY |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
In the Matter of
JORE CORPORATION, a corporation.
FILE NO. 0023237
AGREEMENT CONTAINING CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of Jore Corporation, 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 Jore Corporation, by its duly
authorized officers, and counsel for the Federal Trade Commission
that:
1. Proposed respondent Jore Corporation is a Montana
corporation with its principal office or place of business at
45000 Highway 93 South, Ronan, Montana 59864.
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 thirty (30) 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 form as the circumstances may require) and decision in
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3
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COMPLAINT
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EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION POWER TOOL ACCESSORIES EXHIBIT ACT UNITED STATES JORE CORPORATION PACKAGING HEX SHANK WOOD SHANK WOOD BORING GLOBAL COMPONENTS PARAGRAPH REPRESENTATION ALLEGES PRACTICES COMPLAINT AFFECTING COMMERCE STANLEY/JORETECH REPRESENTATION SET AMERICA VIOLATION MONTANA MANUFACTURING CRAFTSMAN SPEED-LOK IMPLICATION TRUTH MISLEADING LABOR SIGNIFICANT PORTION FOREIGN ORIGIN |
002 3237
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
In the Matter of
JORE CORPORATION, a corporation.
DOCKET NO. C-4004
COMPLAINT
The Federal Trade Commission, having reason to believe that Jore
Corporation ("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 Jore Corporation is a Montana corporation with its
principal office or place of business at 45000 Highway 93 South,
Ronan, Montana 59864.
2. Respondent has manufactured, advertised, labeled, offered for sale,
sold, and distributed products to the public, including power tool
accessories.
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 certain of its products, including but not necessarily
limited to the attached Exhibits A through C. The packaging contains
the following statements or depictions:
A. Craftsman Speed-Lok, 7/16" Hex Shank Wood Boring Bit (½"),
Exhibit A
"Made in USA"
B. Craftsman Speed-Lok, 7/16" Hex Shank Wood Boring Bit (1"),
Exhibit B
"Made in USA"
C. Stanley/JoreTech Fast Change Power Drilling and Driving Set,
Exhibit C
"Made in USA" in immediate conjunction with American flag (on
front and two side panels)
In small print on back of package, "Made in USA with Domestic
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5
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ANALYSIS
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EXTRACTED KEY WORDS
JORE CORPORATION PROPOSED CONSENT ORDER AGREEMENT RESPONDENT UNITED STATES COMMISSION PUBLIC RECORD PACKAGING CHARGES MISREPRESENTING PROVISION COMPLIANCE ENGAGING ACTS PRACTICES LABOR MANUFACTURING DISSEMINATING COMPANY OFFICIALS EMPLOYEES NOTIFY AFFECT COMPLIANCE OBLIGATIONS COMPLIANCE REPORTS PROVISION WHEREBY ABSENT TERMINATES ISSUANCE PURPOSE INTERPRETATION |
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 Jore
Corporation.
The proposed consent order has been placed on the public record for
thirty (30) days for reception of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) 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 U.S. origin claims contained on packaging for
certain Jore Corporation products, including power tool accessories.
The Commission's complaint charges that respondents misrepresented on
this packaging that the products were all or virtually all made in the
United States. In truth and in fact, these products were actually made
with significant foreign content and/or processing.
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 Jore Corporation from misrepresenting the extent to which
any product is made in the United States. The proposed order would
allow Jore Corporation to represent that such 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.
Part II of the proposed order requires respondent to maintain
materials relied upon in disseminating any representation covered by
the order. Part III of the proposed order requires Jore Corporation to
distribute copies of the order to certain company officials and
employees. Part IV of the proposed order requires Jore Corporation to
notify the Commission of any change in the corporation that may affect
compliance obligations under the order. Part V of the proposed order
requires Jore Corporation to file one or more compliance reports. Part
VI of the proposed order is a provision whereby the order, absent
certain circumstances, terminates twenty years from the date of
issuance.
The purpose of this analysis is to facilitate public comment on the
proposed consent order. It is not intended to constitute an official
interpretation of the agreement and proposed order or to modify in any
way their terms.
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