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Complaint

IN THE MATTER OF

THE STAFFIN JOHNS CO. ET AL.

PLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914

Docket 5120. Complaint, Jan. 26, 1944-Decision, May 12, 1948

ere three partners, engaged in the manufacture and competitive interstate sale and distribution of baby crib mattresses, through statements on their stationery and on tags and labels attached to their products and in other ways

Falsely represented that they were the world's largest manufacturer of baby bedding; and

Falsely represented that their mattresses were recommended or prescribed by practicing physicians and were manufactured under the supervision of medical experts; when in fact they had never been actually so recommended or prescribed, and other claim was concededly untrue;

th tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the mistaken belief that said representations were true, whereby said public was induced to purchase substantial quantities of their products and trade was diverted unfairly to them from their competitors:

ld, That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public and constituted unfair methods of competition in commerce and unfair and deceptive acts and practices therein.

said proceeding in which the complaint also charged that respondents falsely represented that their said baby mattresses and bedding were made from or covered with lambs' wool worked into a fleecy felt; that said products, "sanified" or treated with a coating of "sani-septic" preparation, were rendered ever dry, sanitary, and impervious to the effects of uric acid, were waterproof and dustproof and free from and immune to bacteria, germs, and odors, and were rendered nonallergic and health protecting; and that the price of $9.95 or $10.95 was a special or reduced price for said tufted baby mattresses: the Commission was of the opinion that the charge with respect to such additional representations had not been sustained.

Before Mr. George Biddle, trial examiner.

Mr. R. A. McOuat and Mr. Jesse D. Kash for the Commission.
Mr. Isidore Friedman, of New York City, for respondents.

COMPLAINT

Pursuant to the provisions of the Federal Trade Commission Act, nd by virtue of the authority vested in it by said act, the Federal rade Commission, having reason to believe that Max I. Staffin, Milton . Spitzer, and David Staffin, copartners trading and doing business s the Staffin Johns Co.; Cum-A-Part Mattress Co., Inc., a corporation,

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and Louis Staffin, Harry Staffin, Minnie Staffin, and Abraham Staffin, individually and as officers, directors, and agents of respondent corpo ration Cum-A-Part Mattress Co., Inc., hereinafter referred to as re spondents, have violated the provisions of said act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAPH 1. Respondents, Max I. Staffin, Milton J. Spitzer, and David Staffin are individuals operating and doing business under the trade name, The Staffin Johns Co., with offices and principal place business at 1308 North Halsted Street, Chicago, Ill. Said individu respondents, operating under said trade name, are now and have bee for more than 3 years last past engaged in the manufacture, purchas for resale, and sale of mattresses, bedding, and furniture. Said re spondents during the course and conduct of their business, as aforesaid have sold similar products manufactured by respondent corporatio Cum-A-Part Mattress Co., Inc.

PAR. 2. Respondent, Cum-A-Part Mattress Co., Inc., is a corpor tion organized, existing, and doing business under the the laws of the State of New York with its offices and principal place of busines located at 499-505 Sackman Street, Brooklyn, N. Y. Said responden is engaged in the manufacture, sale, and distribution of mattresses bedding, and furniture, some of which said products are sold an shipped by said corporation to the individual respondents named in paragraph one hereof, operating under the trade name The Staffin Johns Co., for resale to the purchasing public.

PAR. 3. Respondent individuals, Louis Staffin, Harry Staffin, Minnie Staffin, and Abraham Staffin, are now, and have been during all the times hereinafter mentioned, officers, directors, and agents of respond ent, Cum-A-Part Mattress Co., Inc., and managed, controlled, and directed the business and affiairs of said corporation, particularly with respect to the acts and practices hereinafter alleged.

PAR. 4. All of the respondents hereinabove named act, and have acted during all the times mentioned herein, in conjunction and cooperation with one another in performing the acts and practices hereinafter alleged.

PAR. 5. Respondents are now and for several years last past have been engaged in the business of manufacturing, selling, and distributing mattresses, bedding, and furniture. Respondents cause said products, when sold, to be shipped from their respective places of business

Complaint

Illinois and New York to dealers for resale and to purchasers reof located in various States of the United States and in the trict of Columbia.

The respondents maintain, and at all times mentioned herein have intained, a course and current of trade in said products in commerce ween and among the various States of the United States and in District of Columbia.

PAR. 6. In the course and conduct of their aforesaid business, rendents are now, and at all times mentioned herein have been in stantial competition with other individuals, and with other corations, firms, and partnerships engaged in the business of manuturing, selling, and distributing mattresses, bedding, furniture, similar merchandise in commerce between the various States of United States and in the District of Columbia.

PAR. 7. In the course and conduct of their aforesaid business and the purpose of inducing the purchase of their said products, rendents have made and now make, and have placed in the hands others the means whereby are made, false and misleading statents and representations by radio continuities and in advertisements erted in newspapers, pamphlets, letters, and other media circulated ough the mails and otherwise, and by tags and labels affixed to ir said products when sold and shipped in interstate commerce. ong and typical, but not exclusive, of such statements and repretations so made and published are the following:

The New Air Float, Sani-Fied Baby Mattress, Styled by Cun-A-Part Mattress npany, Inc.

A Promotionally Priced, Tufted, Wet-proof, Mattress

1.95.

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$9.95

Sani-Septic safeguards your health. This

Mild acid.

Perspiration.

Germs.

Odors.

non allergic.

This is The New Ever Dry Process Guaranteed Wet Proof.

The picturization of a sheep together with the words "Lamb's wool

irm, fleecy felt” and the word "doctor" or the prescription symbol "Rx” tother with the words "recommended this specially designed mattress for by's health * manufactured by The Staffin Johns Company, 1308

orth Halsted Street, Chicago, Illinois *

eturer of baby bedding.

the world's largest manu

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PAR. 8. Through the use of the statements and representations hereinabove set forth and others of similar import appearing in respondents' advertising material but not specifically set-out herein. the respondents represent that said The Staffin Johns Co. is the world's; largest manufacturer of baby bedding; that respondents' baby maitresses and bedding are manufactured or made from or covered with lamb's wool worked into a fleecy felt; that said products are man factured or made under the supervision of medical experts and are recommended or prescribed by graduate medical doctors and pras ticing physicians; that said mattresses and bedding so sani-fied e treated with a coating of said Sani-Septic preparation are rendered ever dry, sanitary, and impervious to the effects of uric acid: tha said products so treated are waterproof and dustproof and are free from and immune to bacteria, germs, and odors; that said products by said treatment are rendered nonallergic and health-protecting: and that the price of $9.95 or $10.95 is a special or reduced price for said tufted baby mattresses.

PAR. 9. The aforesaid statements and representations are false and misleading. In truth and in fact the business conducted by respond ent copartners under the trade name The Staffin Johns Co. is La the world's largest manufacturer of baby bedding; respondents' said baby mattresses and bedding are not made from or covered with lam's wool, and the price markings $9.95 and $10.95 on said mattresses are fictitious and exaggerated and are not the prices at which said prod ucts are customarily offered for sale and regularly sold in the normal and usual course of the retail trade. Respondents do not regularl and continuously employ graduate medical doctors to supervise and direct the manufacture of said products, and the respondents' said products do not contain special health features resulting from scien tific medical supervision and determination and are not speciali recommended by practising physicians; respondents' mattresses and bedding treated with said preparation Sani-Septic and so sani-fied are not rendered wetproof, ever dry, and dustproof, and are not proef against the absorption of moisture, nor sanitary and impervious to the effects of uric acid and enuresis; and respondents' said mattresses and bedding are not rendered free from and immune to bacteria, germs and odors by said treatment, and it has no power to protect persons from substances to which they may be allergic.

PAR. 10. The acts and practices of the respondents, as above alleged, i in the course of offering for sale and selling their said products in commerce as described herein, have had and now have the tendency and capacity to mislead and deceive a substantial portion of the pur

Findings

sing public into the mistaken and erroneous belief that such statets and representations are true. As a result of such erroneous mistaken belief engendered as herein set forth, the purchasing lic has been induced to purchase, and has purchased substantial tities of respondents' said merchandise.

AR. 11. The aforesaid acts and practices of the respondents as in alleged are all to the prejudice and injury of the public and respondents' competitors, and constitute unfair methods of comtion in interstate commerce and unfair and deceptive acts and tices in commerce within the intent and meaning of the Federal le Commission Act.

REPORT, FINDINGS AS TO THE FACTS, AND ORDER

ursuant to the provisions of the Federal Trade Commission Act, Federal Trade Commission, on January 26, 1944, issued and subently served its complaint in this proceeding upon the respondMax I. Staffin, Milton J. Spitzer, and David Staffin, individually as copartners trading as The Staffin Johns Co., and Cum-A-Part tress Co., Inc., a corporation, and Louis Staffin, Harry Staffin, nie Staffin, and Abraham Staffin, individually and as officers and ctors of Cum-A-Part Mattress Co., Inc., charging said respondents the use of unfair methods of competition in commerce and unand deceptive acts and practices in commerce in violation of provisions of said act. After the filing of respondents' answers, mony, and other evidence in support of and in opposition to the gations of the complaint were introduced before a trial examiner he Commission theretofore duly designated by it, and such testiy and other evidence were duly recorded and filed in the office he Commission. Thereafter, this proceeding regularly came on inal hearing before the Commission upon the complaint, respondanswers thereto, testimony, and other evidence, the trial exams recommended decision, and brief in support of the complaint brief having been filed on behalf of respondents, and oral argut not having been requested); and the Commission, having duly idered the matter and being now fully advised in the premises, that this proceeding is in the interest of the public and makes its findings as to the facts and its conclusion drawn therefrom.

FINDINGS AS TO THE FACTS

ARAGRAPH 1. The respondents, Max I. Staffin, Milton J. Spitzer, David Staffin, are individuals trading and doing business as co

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