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Latest FTC and state attorneys general compliance, investigation and enforcement developments of concern to advertisers and marketers.

FAQ About FTC U.S. Origin (Made in USA) Claims Investigation and Enforcement

  • Consumer expectations control.  The FTC’s job is to make sure marketers’ claims match consumer expectations.  According to the FTC, when consumers see Made in USA claims they expect advertised products to be “all, or virtually all,” made in the United States.  All the way back to raw materials.  If that is not true, or  there exists uncertainty, manufacturers and  marketers should make a different claim that is capable of being lawfully substantiated.  Caveat.  Just because parts are purcahsed from U.S. suppliers does not necessarily mean those parts are made in the USA.
  • Violations could be very costly.  Companies that falsely label their products as Made in USA may have to pay hefty monetary civil penalties or other monetary relief.
  • Imported products Have different rules.  If a product is imported, look to U.S. Customs and Border Protection for information on how to label it, and make sure advertisements are consistent with labels.

Informational purposes only. Not legal advice. This article is not intended to and should be construed as a complete summary or discussion of the Rule and all of its obligations and restrictions. May be considered attorney advertising.

Richard Newman

Richard B. Newman is a nationally recognized FTC advertising compliance, CID investigation and regulatory enforcemetn attorney. He regularly provides advertising counsel and represents clients in high-profile investigations and enforcement proceedings initiated by the Federal Trade Commission, state attorneys general, departments of consumer affairs, and other federal and state agencies with jurisdiction over advertising and marketing practices. Richard is also an ecommerce lawyer and spam defense attorney. His practice additionally focuses upon false advertising defense, data privacy, cybersquatting, intellectual property law and transactional matters relating to the dissemination of national advertising campaigns, including the gamut of affiliate marketing, telemarketing, lead generation, list management and licensing agreements. Richard advises clients on how to minimize the legal risks associated with digital marketing, email marketing, telemarketing, social media influencer campaigns, endorsements and testimonials, negative option marketing models, native advertising, online promotions and comparative advertising,

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About This Blog and Hinch Newman’s Advertising + Marketing Practice

Hinch Newman LLP’s advertising and marketing practice includes successfully resolving some of the highest-profile Federal Trade Commission (FTC) and state attorneys general digital advertising and telemarketing investigations and enforcement actions. The firm possesses superior knowledge and deep legal experience in the areas of advertising, marketing, lead generation, promotions, e-commerce, privacy and intellectual property law. Through these advertising and marketing law updates, Hinch Newman provides commentary, news and analysis on issues and trends concerning developments of interest to digital marketers, including FTC and state attorneys general advertising compliance, civil investigative demands (CIDs), and administrative/judicial process. This blog is sponsored by Hinch Newman LLP.

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