Made In USA Tracker – Media, Telecoms, IT, Entertainment – United States – Mondaq News Alerts

0
9
DATE COMPANY AUTHOR ADDRESSEE/
COPYEE NATURE OF INQUIRY CLOSING REASON 2/8/2021 West Coast Corporation, also d/b/a Key-Bak

(Made in USA)

Julia Solomon
Ensor Staff Attorney

Lashanda Freeman
Federal Trade Investigator

Wendy Y. Wang, Esq.
Best Best & Krieger LLP Concerns that marketing materials may have
overstated the extent to which products advertised, including
certain
retractable badge and key holders, are made in the United States.
Specifically, although WCC operates a plant, designs products, and
performs certain manufacturing functions in the USA, many products
it offers are wholly imported or contain significant imported
components. To avoid deceiving consumers, WCC implemented a
remedial action plan to update and qualify its representations.
This plan included: (1) revising websites and social media
accounts; (2) updating listings on third-party platforms, such as
Amazon.com; (3) updating print materials and packaging, including
by stickering over unqualified claims until new materials could be
printed; (4) updating tradeshow materials; (5) updating product
molds; (6) contacting and training trade customers on appropriate
claims; (7) designating employees to supervise and ensure
compliance; and (8) adding country-of-origin training to the
Company’s semi-annual sales training for sales, marketing, and
customer service staff. 1/11/2020 GDMC USA LLC d/b/a VOmax

(Made in USA)

Julia Solomon
Ensor Staff Attorney

Lashanda Freeman
Federal Trade Investigator

Mr. Bruce Tretter
Chief Operations Officer Two sets of concerns. First, certain marketing
materials may have overstated the extent to which VOmax products
are made in the United States. For example, VOmax made “#madeinUSA” and other unqualified U.S.-origin
claims in social media posts and other online materials, even
though some VOmax cycling apparel is imported or made from imported
fabrics. Second, certain VOmax marketing materials may have failed
to comply with provisions of the Textile Products Identification
Act, 15 U.S.C. § 70 et seq. (“Textile Act”), and
implementing rules, 16 C.F.R. Part 303 (“Textile Rules”).
Specifically, for some apparel products, materials omitted required
country-of-origin information, or failed to disclose that products
were made from imported fabrics. To come into compliance with Section 5 of the FTC
Act, 15 U.S.C. § 45(a) (“Section 5”),
and the Textile Act and Textile Rules, VOmax implemented a
remedial action plan to update its
labels and marketing materials. This plan included: (1) removing
broad, unqualified U.S.-origin
claims from advertisements, including social media posts; (2)
updating product labels, where
appropriate; and (3) ensuring all “mail order
advertising” contains required origin information.
As discussed, it is appropriate for VOmax to promote the fact that
it employs workers in
the United States and offers a line of U.S.-origin apparel.
However, marketing materials that
cover imported products or products made from imported fabrics
must (1) not overstate the
extent to which company products are made in the United States,
and (2) make clear origin
disclosures in compliance with the Textile Act and Textile Rules.
FTC staff is available to work
with companies to craft appropriate claims that comply with the
Textile Act and Textile Rules,
convey non-deceptive information to consumers, and highlight work
done in the United States. 1/11/2020 GDMC USA LLC d/b/a VOmax

(Made in USA)

Julia Solomon
Ensor Staff Attorney

Lashanda Freeman
Federal Trade Investigator

Mr. Bruce Tretter
Chief Operations Officer Two sets of concerns. First, certain marketing
materials may have overstated the extent to which VOmax products
are made in the United States. For example, VOmax made “#madeinUSA” and other unqualified U.S.-origin
claims in social media posts and other online materials, even
though some VOmax cycling apparel is imported or made from imported
fabrics. Second, certain VOmax marketing materials may have failed
to comply with provisions of the Textile Products Identification
Act, 15 U.S.C. § 70 et seq. (“Textile Act”), and
implementing rules, 16 C.F.R. Part 303 (“Textile Rules”).
Specifically, for some apparel products, materials omitted required
country-of-origin information, or failed to disclose that products
were made from imported fabrics. To come into compliance with Section 5 of the FTC
Act, 15 U.S.C. § 45(a) (“Section 5”),
and the Textile Act and Textile Rules, VOmax implemented a
remedial action plan to update its
labels and marketing materials. This plan included: (1) removing
broad, unqualified U.S.-origin
claims from advertisements, including social media posts; (2)
updating product labels, where
appropriate; and (3) ensuring all “mail order
advertising” contains required origin information.
As discussed, it is appropriate for VOmax to promote the fact that
it employs workers in
the United States and offers a line of U.S.-origin apparel.
However, marketing materials that
cover imported products or products made from imported fabrics
must (1) not overstate the
extent to which company products are made in the United States,
and (2) make clear origin
disclosures in compliance with the Textile Act and Textile Rules.
FTC staff is available to work
with companies to craft appropriate claims that comply with the
Textile Act and Textile Rules,
convey non-deceptive information to consumers, and highlight work
done in the United States. 11/12/2020 Dal-Tile Corporation, a subsidiary of Mohawk
Industries, Inc.

(Made in USA)

Julia Solomon
Ensor Staff Attorney

Lashanda Freeman
Federal Trade Investigator

Kathleen Benway, Esq.
Alston & Bird LLP Concerns that marketing materials may have
overstated the extent to which Dal-Tile’s quartz slab products
are made in the United States. Specifically, although the Company
substantially transforms American Reserve products into finished
goods in the United States, because quartz material has limited
availability in the U.S., the Company imports essential raw
materials it incorporates into these products. Dal-Tile implemented a remedial action plan to
update its representations. This plan included: (1) correcting
webpages and social media posts;
(2) redistributing labels, as well as instructions and guidelines,
to stone centers, third-party fabricators, and distributors that
purchased sample tower displays; and (3) undertaking a
comprehensive review of and substantiation check for U.S.-origin
claims by other Mohawk Industries, Inc. subsidiaries. 11/12/2020 Dude Products, Inc.

(Made in USA)

Julia Solomon
Ensor Staff Attorney

Lashanda Freeman
Federal Trade Investigator

Christine Skoczylas, Esq.
Barnes & Thornburg LLP Concerns that marketing materials may have
overstated the extent to which certain hygienic products including,
but not limited to, Dude Wipes, are made in the United States.
Specifically, although the Company’s wipes undergo significant
manufacturing or processing in the United States, in some instances
they incorporate significant imported components. Dude Products implemented a remedial action plan
to update and qualify its representations where needed. This plan
included: (1) updating affected packaging and marketing materials
to qualify claims; (2) updating potentially confusing or
conflicting marketing copy on Company websites; and (3) submitting
updated photographs and marketing copy to third-party platforms,
including Amazon and Walmart. As part of this inquiry, Dude
Products also reviewed its country-of-origin claims for textile
products to ensure compliance with the Textile Fiber Products
Identification Act, 15 U.S.C. §§ 70-70k, and implementing
rules, particularly 16 C.F.R. §§ 303.15(b); 303.16;
303.33; and 303.34. 10/21/2020 Keen Pump Company, Inc.

(Made in USA)

Julia Solomon
Ensor Staff Attorney

Lashanda Freeman
Federal Trade Investigator

Jonathan G. Polak, Esq.
Taft Stettinius & Hollister LLP Marketing materials may have overstated the extent
to which certain specialty pumps are made or “built” in
the United States. Specifically, although Keen assembles certain
products in the United States, those products
incorporate significant imported parts. Keen removed all references to U.S. origin from
its
online and hardcopy marketing materials. Additionally, Keen
provided notice of the changes
and updated marketing materials to all known third-party
distributors. 10/1/2020 Zoeller Pump Company, LLC

(Made in USA)

Julia Solomon
Ensor Staff Attorney

Lashanda Freeman
Federal Trade Investigator

Jeffery P. Langer, Ph.D., J.D.
General Counsel Marketing materials may have overstated the extent
to which all of ZPC’s products are made in the United States.
Specifically, although some ZPC products are “all or virtually
all” made in the United States, many more
incorporate more than de minimis imported content, and some are
wholly imported. ZPC implemented a remedial action plan to update
and qualify its representations where needed. This plan included:
(1) introducing qualified claims to
ZPC marketing materials, where appropriate; (2) correcting
outdated or incorrect claims, including by stickering over claims
on product packaging until new packaging arrives; (3) reviewing and
updating all social media accounts; (4) introduced enhanced
training for ZPC and related-company staffs; and (5) implementing
enhanced processes to ensure the accuracy of dealer/distributor
claims, including by providing updated marketing materials and
implementing a quarterly audit process. 10/1/2020 American Crafts, L.C.

(Made in USA)

Julia Solomon
Ensor Staff Attorney

Lashanda Freeman
Federal Trade Investigator

Mr. Grant Madsen
Chief Marketing Officer AC may have failed to update packaging for certain
SKUs of a cardstock product sourced from overseas mills and cut,
printed, and packaged in the United States. AC implemented a remedial
action plan to update and correct these representations. This plan
included: (1) updating product packaging, specification sheets, and
inventory systems; (2) updating social media; (3) contacting
distributors with instructions to update materials; (4) blocking
new sales to noncompliant
distributors; (5) updating third-party sales platforms, including
Amazon.com; (6) training staff;
and (7) introducing a regular country-of-origin auditing program
administered by the Chief
Marketing Officer. 10/1/2020 Sunex International, Inc.

(Made in USA)

Julia Solomon
Ensor Staff Attorney

Lashanda Freeman
Federal Trade Investigator

John Kavanagh, J.D.
Steptoe & Johnson LLP Marketing materials may have overstated the extent
to which certain hydraulic presses are made in the United States.
Specifically, although the Companies’ hydraulic presses are
substantially transformed in the United States, they incorporate
significant imported components.. The companies implemented a remedial action plan
to update and qualify their representations where needed. This plan
included: (1) updating press
labels to state “Made in USA with Foreign Components;”
(2) updating product manuals and
catalogues; (3) updating social media accounts; ( 4) updating
profiles on third-party sales platforms, including amazon.com; and
(5) implementing a plan to communicate changes and distribute
materials to third-party distributors and downstream retailers,
including sending multiple communications, performing internal
checks on customer sites, and suspending noncompliant dealers.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

LEAVE A REPLY

Please enter your comment!
Please enter your name here