COPYEE
Barrel
(Made in USA)
Ensor Staff Attorney
Lashanda Freeman
Federal Trade Investigator
Crowell & Moring LLP
USA” claims for a set of drinking glasses we identified as
containing significant imported content, as well as more general
concerns relating to Crate and Barrel’s process for ensuring
the accuracy of country-of-origin claims across the Company’s
website
U.S.-origin claims if the responsible manufacturer or supplier has
signed and submitted appropriate documentation substantiating the
claim. Additionally, the Company confirmed it possessed appropriate
substantiation for, and acknowledged the need to comply with
requirements to disclose, origin on labels and advertising for
products covered by the Textile Act and Rules. Finally, in addition
to imposing contractual obligations on vendors to update
substantiation as circumstances require, the Company committed to
prompting vendors to check and re-certify origin claims on a
regular basis.
(Made in USA)
Ensor Staff Attorney
Lashanda Freeman
Federal Trade Investigator
Cofounder and CEO
KLOS Innovations LLC, d/b/a KLOS Guitars
to which certain guitars are made in the United States.
Specifically, while the Company designs and assembles guitars in
Provo, Utah, KLOS instruments incorporate significant imported
parts.
products are “all or virtually all” made in the United
States unless the Company can substantiate that claim. Accordingly,
to avoid deceiving consumers, KLOS implemented a remedial action
plan to qualify its claims. This plan included:
(1) updating the Company website and social media accounts,
including LinkedIn, YouTube, Facebook, Instagram, and Kickstarter
pages; (2) reviewing and updating Facebook and Instagram
advertisements; (3) updating Amazon product listings; and (4)
training staff.
(Made in USA)
Ensor Staff Attorney
Lashanda Freeman
Federal Trade Investigator
Chora Young & Manasserian LLP
to which Neaties hangers are made in the United States.
Specifically, although most Neaties plastic hangers are “all
or virtually all” made in the United States, Neaties also
offers several lines of imported hangers. Accordingly, product
inserts and banners on the Neaties website and Amazon storefront
stating “Made in USA” or “American Made” were
overly broad.
products, Neaties should avoid creating the impression that all its
products are “all or virtually all” made in the United
States, unless that becomes true. To avoid deceiving consumers,
Neaties implemented a remedial action plan. This plan included
removing unqualified U.S.-origin claims from the Company website
and Amazon storefront, and updating product inserts
(Made in USA)
Ensor Staff Attorney
Lashanda Freeman
Federal Trade Investigator
Ulrich, Scarlett, Wickman & Dean, PA
to which the Company’s metal doors and windows are made in the
United States.
products are “all or virtually all” made in the United
States unless the Company can substantiate that claim. To avoid
deceiving consumers, Origin removed U.S.-origin claims from all
marketing materials and notified staff and accredited agents of
this change.
(Made in USA)
Ensor Staff Attorney
Lashanda Freeman
Federal Trade Investigator
Husch Blackwell LLP
to which certain solar-powered attic fans are made in the United
States. Specifically, while the Company employs workers and
assembles fans in the United States, the fans incorporate
significant imported components.
products are “all or virtually all” made in the United
States unless the Company can substantiate those claims.
Accordingly, to avoid deceiving consumers, Attic Breeze implemented
a remedial action plan. This plan included: (1) stickering over
outdated claims on packaging; (2) ordering new packaging with
appropriately qualified claims; (3) updating the company website,
social media accounts, and printed marketing materials; and (4)
communicating changes to distributors and ensuring distributor
marketing materials are updated.
Designing Fire, Inc.
(Made in USA)
Ensor Staff Attorney
Lashanda Freeman
Federal Trade Investigator
Gunderson, Palmer, Nelson and Ashmore, LLP
to which the Company’s products are made in the United States.
Specifically, although Designing Fire employs workers and performs
manufacturing functions in the United States, the Company’s
Oriflamme Fire Tables incorporate imported tops, and certain
accessories and other products are wholly imported.
products are “all or virtually all” made in the United
States unless the Company can substantiate those claims.
Accordingly, to avoid deceiving consumers, Designing Fire removed
unqualified U.S.-origin claims from all marketing materials,
including social media, and required dealers to update marketing
materials consistent with this change.
(Made in USA)
Ensor Staff Attorney
Lashanda Freeman
Federal Trade Investigator
VP of Operations
Vinotemp International
to which certain wine coolers and wine cellar cooling units are
made in the United States. Specifically, certain marketing
materials were not sufficiently clear that they
applied to particular wine cooling and storage products assembled
in the USA, and may have suggested to consumers that all Company
products underwent significant USA processing. Although Vinotemp
assembles certain products in the United States, it also sells a
line of wholly
imported products.
products are “all or virtually all” made in the United
States unless the Company can substantiate those claims.
Accordingly, to avoid deceiving consumers, Vinotemp removed
unqualified U.S.-origin claims from all marketing materials,
including social media, required dealers to update marketing
materials consistent with this change, and trained all staff.
(Made in USA)
Ensor Staff Attorney
Lashanda Freeman
Federal Trade Investigator
Faegre Drinker Biddle & Reath LLP
overstated the extent to which certain LED mirrors and accessories
are made in the United
States. Specifically, while the Company employs workers and
performs manufacturing
operations in Everett, WA, Electric Mirror products incorporate
significant imported
components.
products are “all or virtually all” made in the United
States unless the Company can substantiate those claims.
Accordingly, to avoid deceiving consumers, Electric Mirror
implemented a remedial action plan. This plan included: (1)
updating the company website, social media accounts, and printed
marketing materials; (2) implementing processes to ensure
U.S.-origin claims are made only after appropriate management
review and approval; and (3) communicating changes to dealers,
auditing dealer marketing materials, and suspending nonresponsive
dealer accounts.
Corporation, 24hourwristbands.com, and Media Corporation,
24hourwristbands.com, and imprint.com
(Made in USA)
Ensor Staff Attorney
Lashanda Freeman
Federal Trade Investigator
Gordon Rees Scully Mansukhani, LLP
Google ads and social media materials may have overstates the
extent to which Netbrands offers U.S. origin products. Although
Netbrands offers some U.S. origin products and customizes certain
products in the U.S., it also sells imported products. Second,
certain marketing materials may have failed to comply with
provisions of the Textile Products Identification Act- specifically
on some covered products, materials omitted required origin
information.
fact that it employs workers in the U.S., sells some U.S. origin
products, and has capacity to customize certain products in the
U.S. However, marketing materials that cover imported products or
products incorporating significant imported components must not
overstate the extent to which those products were made in the
U.S.
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