9823560

UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION

In the Matter of

BUMBLE BEE SEAFOODS, INC., a corporation.

DOCKET NO. C-3954

COMPLAINT

The Federal Trade Commission, having reason to believe that Bumble Bee Seafoods, Inc., a corporation, (hereinafter "Bumble Bee" or "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 Bumble Bee is a Delaware corporation with its principal office or place of business at 3990 Ruffin Road, San Diego, CA 92123.

 

2. Respondent has advertised, offered for sale, sold and distributed food products to the public, including Bumble Bee Solid White Albacore Tuna. Bumble Bee Solid White Albacore Tuna is sold in six ounce cans, among other sizes.

 

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 distributed or caused to be distributed six ounce cans of Bumble Bee Solid White Albacore Tuna that are affixed with labels that include, but are not limited to, the attached Exhibit A. Copy on the face side of these labels includes the statement: "75¢ OFF Next Purchase Details Inside Label."

 

5. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that purchasers of six ounce cans of Bumble Bee Solid White Albacore Tuna affixed with the label described in Paragraph 4 can receive seventy-five cents off their next purchase of a single six ounce can of Bumble Bee Solid White Albacore Tuna.

 

6. In truth and in fact, purchasers of six ounce cans of Bumble Bee Solid White Albacore Tuna affixed with the label described in Paragraph 4 cannot receive seventy-five cents off their next purchase of a single six ounce can of Bumble Bee Solid White Albacore Tuna. Purchasers are not eligible for the seventy-five cents off unless they purchase five additional six ounce cans of Bumble Bee Solid White Albacore Tuna. That fact is disclosed only on the reverse side of the label, which is affixed to the can and is not accessible until after the purchase. Therefore, the representation set forth in Paragraph 5 was, and is, false or misleading.

 

7. 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 Federal Trade Commission Act.

THEREFORE, the Federal Trade Commission this twelfth day of June, 2000, has issued this complaint against respondent.

By the Commission.

Donald S. Clark
Secretary

SEAL: