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Made in the USA Unfair or Deceptive Trade Practices

McGuireWoods LLP

Made in USA Claims Continue to Hold FTC’s Attention

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On July 2, 2024, the Federal Trade Commission (FTC) announced in a blog post that it was releasing a refreshed version of its guidance on “Complying with the Made in USA Standard.” The guidance had not been updated since...more

Knobbe Martens

FTC Cracks Down on Deceptive Marketing: Old Southern Brass Faces Consequences for False Claims on “Made in USA” and Military...

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The Federal Trade Commission is cracking down on Florida-based EXOTOUSA LLC d/b/a Old Southern Brass and its owner (collectively, “OSB”) for deceptive claims regarding the origin of its products and its alleged financial...more

Wiley Rein LLP

Wiley Consumer Protection Download (February 6, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

McGuireWoods LLP

FTC Issues Largest Fine in Made in USA Enforcement — but Seeks to Collect Much Less

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On Dec. 6, 2023, the Federal Trade Commission (FTC) announced a Decision Containing Consent Order (Proposed Order) against ExotoUSA LLC DBA Old Southern Brass and its owner, Austin Oliver....more

McGuireWoods LLP

FTC Continues Tough “Made in USA” Enforcement Even Where Labeling Rule Is Not Violated

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On June 26, 2023, the Federal Trade Commission (FTC) announced an Agreement Containing Consent Order (Proposed Order) against a group of leather and other clothing accessories companies — Chaucer Accessories, Bates...more

BakerHostetler

The FTC’s Latest Made in the USA Case Is a Reminder of the Different Ways the Agency Can Still Get Money Post-AMG

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The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more

Holland & Knight LLP

Federal Trade Commission's Glass Door into the (Made in) USA

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The Federal Trade Commission (FTC) has increasingly prosecuted more deceptive U.S. origin claims under Section 5 of the FTC Act since the start of the COVID-19 pandemic than in the previous decade. This uptick in...more

McGuireWoods LLP

FTC Brings Fourth Enforcement Action Under Made in USA Labeling Rule

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On Aug. 9, 2022, the Federal Trade Commission (FTC) announced that it had referred a complaint to the U.S. Department of Justice alleging that Axis LED Group LLC, ALG-Health LLC and the individual who controls the companies...more

Wiley Rein LLP

Wiley Consumer Protection Download (April 18, 2022)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Cozen O'Connor

Five Tips To Keep Your Business Off Regulators’ Radars During Supply Chain and Other Economic Disruptions

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As consumers and businesses recover from the frenzy of holiday commerce and look ahead to the new year, the supply chain disruptions that grabbed headlines in late 2021 may seem like a distant memory. However, these issues...more

ArentFox Schiff

$750K Wake Up Call: FTC Fines Mattress Manufacturer Over False Made in USA Claims

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Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials...more

Cozen O'Connor

The FTC is Not Sleeping on Allegedly False “Made in USA” Claims by Mattress Company

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The Federal Trade Commission (“FTC”) reached a settlement with Ran Reske, the owner of mattress company Resident Home LLC d/b/a/ Nectar Sleep and other brands (collectively, “Nectar Sleep”), to resolve allegations that Nectar...more

Troutman Pepper

FTC Codifies “Made in USA” Labeling Standards with New Rule

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Our Regulatory Oversight Blog has been abuzz with news about the newly galvanized Federal Trade Commission (FTC or Commission). Besides beginning to flex its antitrust muscle, the FTC is also taking on deceptive trade...more

WilmerHale

FTC’s First Open Meeting Highlights Aggressive Enforcement Priorities and Partisan Divide

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On Thursday, July 1, the Federal Trade Commission held its first meeting under Chair Lina M. Khan and first open business meeting in over twenty years. The Commission considered four items during the nearly two hour long...more

Cozen O'Connor

“Made in USA” Labeling Could be Costly for Businesses

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Following a public comment period, the Federal Trade Commission (FTC) recently approved a consent order resolving a complaint alleging deceptive “Made in USA” labeling and advertising practices against Chemence, Inc., a glue...more

Hogan Lovells

FTC proposal codifying “Made in USA” standard extends enforcement to online advertising, and enhances enforcement capabilities

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The Federal Trade Commission (FTC) on 22 June 2020 voted to adopt regulations codifying its long-standing Enforcement Policy Statement on U.S. Origin Claims (Policy Statement). The proposed regulations come after the FTC...more

BakerHostetler

FTC Finally Strikes Gold With Made in USA Enforcement: Williams-Sonoma Agrees To Pay $1 Million in Consumer Redress

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In the past few months, a minority of the commissioners have called for the Federal Trade Commission (FTC or Commission) to take the heretofore unprecedented step of seeking consumer redress in Made in USA (MUSA) cases. (In...more

Hogan Lovells

FTC Hosts Public Workshop on “Made in USA” Claims

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On September 26, 2019, the Federal Trade Commission’s (“FTC’s” or “the Commission’s”) Bureau of Consumer Protection (“BCP”) held a public workshop on “Made in USA” and similar U.S.-origin claims for consumer goods sold in the...more

Jaburg Wilk

Born in the USA: When Can Products Be Marketed as “Made in the USA”?

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Marketing a product as “Made in the USA” or “Made in America” can provide a competitive advantage to companies using the designation. Some view the designation as signifying a safer or higher-quality product. Many consider...more

Kramer Levin Naftalis & Frankel LLP

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

Goulston & Storrs PC

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

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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

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

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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

Mintz - Consumer Product Safety Viewpoints

Stuck in the Middle with the FTC

Legal actions regarding “Made in the USA” claims, whether prosecuted by the Federal Trade Commission (FTC) or through various state unfair trade practices acts, often settle early in the proceedings. For example, in 2014,...more

Manatt, Phelps & Phillips, LLP

Advertising Law - June 2016 #3

FTC Targets Spam, False Claims by Weight Loss Products - Alleging violations of the Federal Trade Commission Act and the CAN-SPAM Act, the Federal Trade Commission filed suit in Florida federal court against a pair of...more

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2016 #3

EU, U.S. Reach Data Deal—Not a Harbor, but a Shield - After the deadline expired to reach a deal on a new Safe Harbor for the transatlantic transfer of data, the European Union and the United States reached an agreement...more

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