News & Analysis as of

Made in the USA

Food Litigation Trends: New and Undefined Label Claims in 2017

by Pepper Hamilton LLP on

Part 1: Current Trends and Ingredient Claims - Class-action lawsuits involving the false advertising of food products continue to be one of the most active areas in class litigation. Originally published in Update...more

FTC’s “Made in USA” Enforcement On Pace With Prior Years

by Kelley Drye & Warren LLP on

In a keynote address at the National Advertising Division conference earlier this month, Mary Engle, Associate Director in the Advertising Practices Division of the FTC, included “Made in USA” as among the agency’s current...more

As Trump Calls for More “Made in USA” Products, FTC Ramps Up Claim Enforcement

During a campaign-style rally in Arizona last week, President Trump repeated his call for more products to be “Made in the USA.” Not surprisingly, the President did not address the standards that must be met in order for a...more

The Turn of the “Made in America” Claim Enforcement

It has recently been reported by Reuters that President Donald Trump is looking for ways to defend American-made products by certifying legitimate U.S. goods and aggressively going after imported products unfairly sporting...more

FTC Warns 11 Companies Over Made in USA Claims

by Reed Smith on

It seems to be another star-spangled banner year for the Federal Trade Commission (“FTC”) and its crackdown on certain “Made in USA” claims. In 2016, the FTC cited 29 companies for their misleading “Made in USA” claims. With...more

Bill Potentially Impacting “Made in USA” Claims Undergoing Committee Review

by Kelley Drye & Warren LLP on

The U.S. Senate Committee on Commerce, Science, and Transportation has scheduled a reading this week of the proposed S. 118 Reinforcing American-Made Products Act of 2017. The bill proposes to amend the Violent Crime Control...more

Energy Newsletter - April 2017

by King & Spalding on

Navigating Private Equity Fund Limitations for Energy Infrastructure-Focused Investments - Energy infrastructure funds have emerged as a class of funds that offer investors the potential for long-term stable returns, as...more

EU Retail News - April 2017

by Bryan Cave on

Considering a Retail Merger? The UK Competition and Markets Authority ("CMA") has published new commentary to inform companies on how it assess retail mergers. ...more

Advertising Litigation Report: Vol. 2, No. 2 - Regulatory

Negative Option Marketing Enforcement Actions in Federal Court - A negative option is a provision in an offer or agreement to sell or provide any goods or services “under which the customer’s silence or failure to take...more

FTC Closing Letters Show Continued Vigilance on “Made in USA” and Leniency for Cooperation

by Fox Rothschild LLP on

Last week the FTC issued three letters closing three separate investigations of advertising practices by three different businesses. The letters are notable for the two common themes present in each. First, each investigation...more

Advertising Law - March 2017 #3

Stop Pulling My Leg: Pully Block Systems Not “Made in USA” - A distributor of pulley block systems agreed to stop making what the Federal Trade Commission said were false, misleading and unsupported claims that its...more

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

by King & Spalding on

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President...more

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

by King & Spalding on

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President...more

Department of Commerce Seeks Public Input on Pipelines "Made in America;" Comments Due April 7, 2017

by King & Spalding on

On March 16, 2017, the Department of Commerce published a Federal Register notice requesting input on the use of American-made materials in the construction and maintenance of American pipelines. Referring to President...more

“Made in the USA” Claims

by Bryan Cave on

Although every product imported into the United States must be marked with its country of origin pursuant to Section 304 of the Tariff Act of 1930, most products manufactured domestically are not required to list the United...more

Energy Infrastructure Projects Still Face Challenges after Trump Administration Executive Orders

The Trump administration promises to streamline the regulatory process, dismantle burdensome regulations, and promote domestic job growth. On January 24, 2017, President Trump issued an executive order and four presidential...more

Made-in-the-U.S.A. Complaint Does Not Make the Cut

In a case decided in December that flew beneath our radar, a judge in the Southern District of California dismissed without prejudice a proposed class action alleging that Citizens for Humanity falsely labeled its jeans as...more

CIT rules on Made in USA claim

by Kelley Drye & Warren LLP on

A recent ruling by the U.S. Court of International Trade (CIT) has important implications for importers and manufacturers making “Made in USA” claims for products assembled from imported components. While the case concerned...more

FTC Requires that iSpring’s “Built in USA” Claims Hold Water

On February 1, 2017, the Federal Trade Commission (“FTC”) and iSpring Water Systems, LLC (“iSpring”) reached a settlement regarding its false, misleading, and unsupported claims that its water filtration systems and parts are...more

FTC Settlement Applies “Made in the USA” Standard to “Built in the USA” Claims

by Reed Smith on

Continuing its focus on “Made in the USA” claims, the Federal Trade Commission (“FTC” or “Commission”), on February 1, applied its standard for those claims to “Built in the USA” claims by entering into a settlement with...more

CIT Adds New Requirements for ‘Assembled in USA’ Claims Analysis

by Kelley Drye & Warren LLP on

A recent ruling the by the U.S. Court of International Trade (CIT) has important implications for importers, government contractors, and manufacturers that make qualified origin claims when marketing products. In a case...more

McNees 2016 In Review – Advertising Law

Advertising and marketing laws affect all businesses that expose consumers to their goods and services. In 2016, highlights of advertising and marketing law issues included disclosures and celebrity endorsements, “Made in...more

Coming to a Retailer Near You: Made in USA Labeling Requirements

by Goulston & Storrs PC on

Patriotism is a hot topic in the United States. One study shows 51% of American consumers will pay higher prices to buy American made products. Not surprisingly, manufacturers actively promote products with the red, white and...more

Top 10 Litigation Risks and Trends for Retailers

by Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

FTC Announces Settlement of “Made in USA” Litigation

by Kelley Drye & Warren LLP on

Earlier this week, the FTC announced settlement of one of the few “Made in USA” cases the agency has litigated in recent years. Earlier this year, we sent an update regarding the FTC’s lawsuit against Chemence, Inc., in...more

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