9823591 UNITED STATES OF AMERICA In the Matter of KUBOTA TRACTOR CORPORATION, a corporation DOCKET NO. C-3863 COMPLAINT The Â鶹´«Ã½ Trade Commission, having reason to believe that Kubota Tractor Corporation ("respondent") has violated the provisions of the Â鶹´«Ã½ Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges: 1. Respondent Kubota Tractor Corporation is a California corporation with its principal office or place of business at 3401 Del Amo Boulevard, Torrance, California 90509. 2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed products to the public, including lawn tractors. 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 Â鶹´«Ã½ Trade Commission Act. 4. Respondent has disseminated or has caused to be disseminated advertisements for its line of T-Series Lawn Tractors, including but not necessarily limited to the attached Exhibits A through D. These advertisements contain the following statements:
5. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that its entire line of T-Series Lawn Tractors is made in the United States, i.e., that all, or virtually all, of the component parts of each of the T-Series Lawn Tractors are made in the United States, and that all, or virtually all, of the labor in manufacturing each of the T-Series Lawn Tractors is performed in the United States. 6. In truth and in fact, model T1760, one of the three lawn tractor models included in the T-Series, contains significant foreign parts and therefore is not all or virtually all made in the United States. Therefore, the representations set forth in paragraph 5 were, and are, false or misleading. 7. Respondent has disseminated or has caused to be disseminated advertisements and labeling for its model T1760 lawn tractors, including but not necessarily limited to the attached Exhibits D through F. These advertisements and labeling contain the following statements:
8. Through the means described in Paragraph 7, respondent has represented, expressly or by implication, that its model T1760 lawn tractor is made in the United States, i.e., that all, or virtually all, of the component parts of the model T1760 lawn tractor is made in the United States, and that all, or virtually all, of the labor in manufacturing the model T1760 lawn tractor is performed in the United States. 9. In truth and in fact, the model T1760 lawn tractor contains significant foreign parts and therefore is not all or virtually all made in the United States. Therefore, the representations set forth in paragraph 8 were, and are, false and misleading. 10. Respondent has disseminated or has caused to be disseminated advertisements for its line of TG-Series Lawn and Garden Tractors, including but not necessarily limited to the attached Exhibit G. This advertisement contains the following statement:
11. Through the means described in Paragraph 10, respondent has represented, expressly or by implication, that its entire line of TG-Series Lawn and Garden Tractors is made in the United States, i.e., that all, or virtually all, of the component parts of each of the TG-Series Lawn and Garden Tractors are made in the United States, and that all, or virtually all, of the labor in manufacturing each of the TG-Series Lawn and Garden Tractors is performed in the United States. 12. In truth and in fact, both of the lawn and garden tractor models included in the TG-Series, TG1860 and TG1860G, contain significant foreign parts and therefore are not all or virtually all made in the United States. Therefore, the representations set forth in paragraph 11 were, and are, false and misleading. 13. Respondent has disseminated or has caused to be disseminated advertisements and labeling for its model TG1860 lawn and garden tractors, including but not necessarily limited to the attached Exhibits G and H. These advertisements and labeling contain the following statements:
14. Through the means described in Paragraph 13, respondent has represented, expressly or by implication, that its model TG1860 lawn and garden tractor is made in the United States, i.e., that all, or virtually all, of the component parts of the model TG1860 lawn and garden tractor is made in the United States, and that all, or virtually all, of the labor in manufacturing the model TG1860 lawn and garden tractor is performed in the United States. 15. In truth and in fact, the model TG1860 lawn and garden tractor contains significant foreign parts and therefore is not all or virtually all made in the United States. Therefore, the representations set forth in paragraph 14 were, and are, false and misleading. 16. Respondent has disseminated or has caused to be disseminated labeling for its model TG1860G lawn and garden tractor, including but not necessarily limited to the attached Exhibit I. This labeling contains the following statement:
17. Through the means described in Paragraph 16, respondent has represented, expressly or by implication, that its model TG1860G lawn and garden tractor is made in the United States, i.e., that all, or virtually all, of the component parts of the model TG1860G lawn and garden tractor is made in the United States, and that all, or virtually all, of the labor in manufacturing the model TG1860G lawn and garden tractor is performed in the United States. 18. In truth and in fact, the model TG1860G lawn and garden tractor contains significant foreign parts and therefore is not all or virtually all made in the United States. Therefore, the representations set forth in paragraph 17 were, and are, false and misleading. 19. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Â鶹´«Ã½ Trade Commission Act. THEREFORE, the Â鶹´«Ã½ Trade Commission this sixth day of April, 1999, has issued this complaint against respondent. By the Commission. Donald S. Clark SEAL: |