In the last two months, the Federal Trade Commission (“FTC”) has reached two settlements related to complaints it initiated against companies regarding “Made in the USA” advertising claims.
First, in February, the FTC announced that it had reached a settlement with a Georgia-based water filtration systems company named iSpring Water Systems, LLC. According to the FTC, iSpring advertised its water filtration systems on its website and through third parties as “Built in USA” (and other similar claims). The FTC found such advertising false or misleading because the water filtration systems were either entirely imported or contained significant parts that had been imported, thus violating the FTC’s long-standing requirement that “all or virtually all” of the product be made in the USA in order to be advertised as such. The settlement allows iSpring to make certain qualified claims, with a clear and conspicuous disclosure, but prohibits iSpring from advertising contrary to the FTC’s “all or virtually all” requirement. More information regarding the settlement is available on the FTC’s blog.
Second, earlier this month, the FTC announced that it had reached a settlement with a Texas-based pulley company named Block Division, Inc. According to the FTC, Block Division advertised its pulleys in various media using “Made in USA” text and graphics. The FTC found such advertising misleading given that the pulleys had significant and essential parts that had been imported. Further, some of the pulleys contained steel plates stamped as “Made in USA” before they were imported. The settlement allows Block Division to make certain qualified claims, again with a clear and conspicuous disclosure, but prohibits Block Division from advertising contrary to the FTC’s “all or virtually all” requirement. More information regarding the settlement is available on the FTC’s blog.
Both of these FTC actions and resulting settlements demonstrate that the FTC takes “Made in the USA” claims seriously and will enforce its requirements regarding such advertising. A prior blog post outlines those requirements in more detail.