| DATE | COMPANY | AUTHOR | ADDRESSEE/ COPYEE |
NATURE OF INQUIRY | CLOSING REASON |
| 2/25/2022 | Euromarket Designs, Inc., d/b/a Crate and Barrel (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Holly A. Melton, Esq. Crowell & Moring LLP |
There were potentially deceptive "Made in 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 | Crate and Barrel has committed to only making 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. |
| 12/15/2021 | KLOS Innovations LLC (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Mr. Adam Klosowiak Cofounder and CEO KLOS Innovations LLC, d/b/a KLOS Guitars |
Marketing materials may have overstated the extent 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. | Marketing materials should not convey that
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. |
| 12/15/2021 | Neaties Home LLC (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Armen Manasserian, Esq. Chora Young & Manasserian LLP |
Marketing materials may have overstated the extent 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. | To the extent materials apply to all Company 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 |
| 12/15/2021 | Origin USA, Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Brian D. Keisacker, Esq. Ulrich, Scarlett, Wickman & Dean, PA |
Marketing materials may have overstated the extent to which the Company's metal doors and windows are made in the United States. | Marketing materials should not convey that 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. |
| 11/18/2021 | Attic Breeze, LLC (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Robert D. Stang, Esq. Husch Blackwell LLP |
Marketing materials may have overstated the extent 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. | Marketing materials should not convey that 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. |
| 11/18/2021 | Designing Fire of South Dakota, Inc., d/b/a Designing Fire, Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Stacy R. Hegge, Esq. Gunderson, Palmer, Nelson and Ashmore, LLP |
Marketing materials may have overstated the extent 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. | Marketing materials should not convey that 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. |
| 11/18/2021 | Vinotemp International (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Mr. Alvin Patrick VP of Operations Vinotemp International |
Marketing materials may have overstated the extent
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. |
Marketing materials should not convey that 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. |
| 11/18/2021 | Electric Mirror, LLC (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Justin O'Neill Kay, Esq. Faegre Drinker Biddle & Reath LLP |
Certain marketing materials may have 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. |
Marketing materials should not convey that 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. |
| 11/18/2021 | Netbrands LLC, also d/b/a Netbrands Media
Corporation, 24hourwristbands.com, and Media Corporation,
24hourwristbands.com, and imprint.com (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Damon W.D. Wright, Esq. Gordon Rees Scully Mansukhani, LLP |
First, certain marketing materials including
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. |
It is appropriate for Netbrands to promote the 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. |
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