Alex Kirschner

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IN THE l\IATTER OF ALEX KIRSCHNER TRADING AS I(IRSCHNER BRUSH Camp ANY COXSE~T'J.' ORDER. ETC., IN REGARD TO THE ALLEGED nOLATION OF Life FED- ERAL TRADE co~nIISSION ACT Docket C-1292. Co1np7atnt, Jan. 30, 1968-Decision, Jan. 30, 1968 Consent order requiring a New York City paint and ,arnish brush manufacturer to cease misrepresenting the true composition of the bristles used in its brushes and using the word "Ohinese" for bristles not originating in that C'country.

, KIRSCHNER BRrSH COMPANY 125 124 Complaint COl.\IPLAINT Pursuant to the pro\"isions of the Fecle:::al Trade Commission Act and by virtue of the. authority vesteel in it by said Act, the Federal Trade Commission, having i'reason to believe that Alex IGrschnel', an individual trading and doing business as Kirschner Brush Company, hereinafter referred to as I'2spondent, has violated the provisions of said Act, and it appe,fll'ing to the Con1mi~sion that a proceeding by it in respect thereof would be in the public interest, hereby is~ues its compln int stating its charges in that respect as follows: PARAGRAPH 1. Respondent. Alex IGrschnel' is an individunJ , trading and doing business as Kirsehner Brush Company, ,,-itb his principal office fwd place of business located at 58 ",Yest 15th Street, New York New York.

PAR. 2. Respondent. is now, and for some time last past has been engaged in the manuLleture, offering for sale, sale and distribution of paint and varnish brushes and other products to distributors and l'e, tn.ilers for resale to the public.

PAR. 3. In the course and conduct of his business, respondent now eauses, and for some time last past. has eausec1, his said products, ",hen some1, to be shipped from his place of business in the State of Xe,y York to purchasers thereof located in various other States of the United States, and maintains, and at all times mentioned herein has maintained, (1, substantial course. of trade in said products in commere-e, as " commerce" is defined in the Fec16:!.'al rTfl'ac1e Commission Act.

PAR. 4. In the course and conduct of his business, and for the purpose of inducing the purchase of his products, respondent has made numerous representations concerning the quality, composition and ori 0"in of his roducts bv the follmvilHt methods and means: (1) The handles or ferrules of certain or respondents brushes are marked or stamped with the 'Torcls " Pure. Chinese Bristle." Respondent thereby represents, directly or by implication, that the brushing part of said brushes is composed entirely of hog or swine bristle (hereinafter referred to as bristle) imported f:;:om China. (2) The handles or ferrules of certain of respondents brushes are marked or stamped ,,"ith the. words "All Pure Bristle." Respondent thereby represents, directly or by implication, that the brushing part. of said brushes is composed entirely ofbristle. l\\R. ;). In truth and in fact:

(1) The brushing part of respondent's brushes marked or stamped "Pure Chinese Bristle" is not composed entirely of bristle imported \,; /.

126 FEDERAL TRADE COMMISSION DECISIONS, Complaint 73 F.

from China. The brushing part of said brushes is composed of a mixture of bristle obtained from various sources, or in some instances of a mixture or eombination of bristle and other material. en The brushing part of respondent's brushes marked or stamped All Pure Bristle" is not composed entirely of bristle. The brushing part of said brushes is composed of a mixtni'e or combination of bristle and other material.

Therefore, the aforesaid statements and representations as set forth in Paragraph Four hereof were, and are, false, misleading and clecC'l)ti n:'.

PAR. G. ,Yhen the brw:hing part of paint and varnish brushes compo:::ec1 of a mixture or combination of bri~,tle and other material which has the appearance of bristle, such brushes are refldil~7 ac.cepted by the Imr('.ha~ing: public n8 having brushing parts composed entirely of bristle in the absence. of any disclosure to the contrary, a fact of hieb the Commission takes officirll notice. There is a preference among: the purchasing public for paint and varnish brushes having a brushing part composed entire~ly of bristle as contrasted ,with brushes lun-ing a brushing part. made. "'i\ith a comblilation or mixture of bristle and other material. a fact of "'i\which the Commission also takes official notice.

Respondent's fnilul' e to disclose on nail1t and nlrnish brushes havin&" a brushing part composed of a mixture, of bristle and other material, all constituent material. , in the order of their predominance b:v means of a legible marking or stamping on the handles or ferrules of said brushes is therefore to the prejudice and injury of the purchasing public..

PAR. By the practices as set forth in Paragraphs Fonl" Fi,-e and Six hereof, respondent places in the hands of retailers the means and instrumentalities b~T and through ,,-which they l11a~- mislead and deceive the public as to the quality and composition of said brushes and as to the origin of the bristle of ,,-which the brushing part of said brushes is nlade.

PAR. 8. The use by responde.nts of the aforesaid false, misleading and deceptive statements, representations and practices has had, and now' has, the capac.ity and tendency to mislead members of the purchasing public into the erroneous and mistaken belief that said statements and representations "'i\ere and are true and into the purchase of substantial quantities of respondent's products by reason of said erroneous and mistaken belief.

PAR. 9. The aforesaid acts and practices of respondent? as herein alleged, were and are all to the prejudice and injury of the public and KIRSCHNER BRUSH COMPANY 127 124 Order of respondent's competitors and constituted, and now constitute, unfair methods of competition in commerce and unfair and deceptive acts and practices in commerce, in violation of Section 5 of the Federal Trade Commission Act.

DECISION AND ORDER The Commission having heretofore determined to issue its complaint 'Charging the respondent named ill the caption hereof with violation of the Federal Trade Commission Act, and the respondent having been sen"ecl 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 respondent a.nel counsel for the Commission having therea.after ,executed an agreement containing a consent order, all admission by the respondent 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 admission by respondent that the law has been violated as alleged in such complaint R.llle,s;and waiversandand other provisions as required by the Commission The Commission having considered the agreement and having acce,pted same, and the agreement containing consent order having thereupon been placed on the public record for a period of 30 days no\\" in further conformity "ith the procedure prescribed in8 2.34(b) of its Rules, the Commission hereby issues its complaint in the form contemplated by said agreement, makes the following jurisdictional findings, and enters the following order:

1. Respondent Alex lCirsehner is an individual trading and doing business as I(irschner Brush Comprwy with his office and principal place of business located at 58 \Vest 15th Street, in the city of New York. State of New York.

2. The Federal Trade Commission has jurisdiction of the subject 1natter of this Proceeding and of the respondent, and the proceeding is in the public interest.

ORDER It -;8 OJ'del? That respondent .Lc\'lex Kirschner, an individual trading and doing business as IGrsehnerBrush Company, or under any other trade name or names and respondent's agents, representatives and employees, directly or through any corporate or other device, in connection \\"ith the offering for sale, sale or distribution or paint or varnish 128 FEDERAL TRADE CO:Ml\lission DECISIONS Syllabns 73 F. T.

brushes or other products, in commerce, as "commerce." is defined in the Federal Trade Commission Act, do forthwith cease and desist from: (1) Offering for sale or selling brushes having a 1:n'w5hing part composed in part of bristle of the hog or swine and in part material other than such bristle but which has the appearance of bristle without truthfully describing, in the order of their predominance, all constituent mated9Js by means of a legible marking or stamping on the handle or ferrule of the brush of such size conspicuousness and degree of permanency as to be noticeable and readable upon casual inspection when the brush is offered for sale to consumer purchasers.

(2) Using the word "Chinese" or any other .word of similar import or meaning, either alone or in conjunction with other words, to designate or refer to bristle of the hog or swine not imported from China; or misrepresenting, in any manner, the origin of respondent's brushes or the bristle or any other component of said brushes.

(3) Using the words "All Pure Bristle" or any other words or term of similar import or meaning~ either alone or in conjunction with other words to designate describe or refer to any brush which does not have a brushing part composed wholly of the bristle of the hog or swine; or misrepresenting in any manner the composition of respondent' s brushes.

(4) Placing in the ha.nds of others the means or instrumentalities whereby they may mislead the public. as to any of the matters or things prohibited in Paragraphs 1, :2 and 3 hereof. sixty" I t is .f~wtheJ' onlered That the respondent herein shall, within (60) days after service upon him of this order, file with the Commission a report in writing setting forth in detail the manner and form in which he has complied with this order.