October 2021
Made In USA Tracker
January 1997 To Present
Made In USA Tracker
January 1997 To Present
| DATE |
COMPANY |
AUTHOR |
ADDRESSEE/ COPYEE |
NATURE OF INQUIRY |
CLOSING REASON |
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| 6/2/2021 | Spa Nails Supply, Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Joshua L. Rodman, Esq. Sandler, Travis & Rosenberg, P.A. |
Sa Nails Supply, Inc. may have overstated the extent to which the Company's spa pedicure equipment was made in the U.S. | It is appropriate for Spa Nails to promote the fact that it employs workers and performs certain functions in the U.S. However, marketing materials should not convey that products are "all or virtually all" made in the United States unless the Company can substantiate those claims. To avoid deceiving consumers, Spa Nails removed U.S. origin claims from all marketing materials, and notified dealers and staff of this change. | ||
| 5/6/2021 | Alpha Brewing Operations, LLC (Made in USA) |
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Mr. Matt Rennerfeldt President Alpha Brewing Operation, LLC |
Alpha Brewing Operation used marketing materials that may have overstated the extent to which certain beer canning lines are made in the U.S. |
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| 5/6/2021 | GhostBed, Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Mr. Michael B. Nadler, Esq. Stumphauzer Foslid Sloman Ross and Kolaya PLLC |
This involved two sets of concerns. First, certain marketing materials may have overstated the extent to which all GhostBed products are made in the U.S. Second, certain GhostBed marketing materials may have failed to comply with the provisions of the Textile Products Identification Act | 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, GhostBed implemented a remedial action. This plan included: (1) removing broad, unqualified U.S.-origin claims from advertisements, including Google and Facebook ads and social media posts; (2) implementing a quarterly employee training program; (3) enhancing review of U.S.-origin claims; (4) working with partner affiliates to update and correct claims; (5) discontinuing noncompliant partners; and (6) ensuring "mail order advertising" contains required origin information. |
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| 4/27/2021 | ThreeBond International, Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Mr. Russell C. Menyhart, Esq. Taft Stettinius & Hollister LLP |
ThreeBond International used marketing materials that may have overstated the extent to which proprietary and white label cyanoacrylate glues are made in the U.S. The company substantially transforms the glues in the U.S., but those glues incorporate significant imported ingredients. | To avoid deceiving consumers, ThreeBond
implemented a remedial action plan to update its representations. This plan included: (1) reviewing and updating product labels and specification sheets; (2) updating internal policy documents; (3) conducting staff training; and (4) confirming the accuracy of online marketing materials. |
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| 3/15/2021 |
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Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Mr. Roberto Mejia President and Chief Executive Officer De Roblin Corp. d/b/a Mia Secret, Inc. |
Mia Secret cyanoacrylate nail glues used marketing materials that may have overstated the extent to which the product is made in the Unites States. The company sources nail glues from a supplier that substantially transforms cyanoacrylates in the U.S., however the glues incorporate significant imported ingredients. | To avoid deceiving consumers, Mia Secret implemented a remedial action plan that included: 1) seeking more detailed information about the U.S. content in Mia Secret products from its supplier; 2) removing unqualified U.S.-origin claims from marketing materials, including packaging, Company websites and social media accounts; 3) removing unqualified claims from third-party sales platforms, including amazon.com; and 4) introducing qualified claims, where appropriate. | ||
| 3/11/2021 | Boogie Bike LLC (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Mr. Dean DuMez Chief Executive Officer Boogie Bikes LLC |
Boogie Bikes LLC used marketing materials that included claims that its products are "Made," "Built," or "manufacture" in the USA. This may have overstated the extent to which certain electric bicycles are made in the United States, because although Boogie Bikes designs and performs complex custom assembly in the U.S., its bicycles incorporate significant amounts of imported parts. | To avoid deceiving consumers, Boogie Bikes implemented a medial action plan to qualify its representations and this plan includes: 1) updating printed and electronic marketing materials, including social media content; 2) updating product labels; 3) updating apparel offerings; and 4) training staff. | ||
| 3/2/2021 | Ariat International, Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Nima Astani Esq. Corporate Counsel Aria International, Inc. |
This involves two sets of concerns. First, Ariat International, Inc. advertised certain apparel products as "Crafted with fabric made in the USA" without disclosing the products were sewn into finished garments in Mexico. Second, for some apparel products, marketing materials omitted required country-of-origin information. | 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, Ariat implemented a remedial action plain including: 1) updating product labels, where appropriate; 2) ensuring all "mail order advertising" including but not limited to on the Company's own website and on Amazon.com, contains required, accurate origin information; 3) reviewing U.S.-origin claims for products not covered by the Textile Rules; 4) communicating with Company retailers; and 6) training Company leadership and affected employees. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 7/2/2020 | Electric Bike Company, LLC (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Shannon Lukei, Esq. Lukei Consulting, Inc. |
Concerns that marketing materials may have overstated the extent to which certain electric bicycles are made or "built" in the United States. Specifically, although EBC designs and performs complex custom assembly in the United States, its bicycles incorporate significant imported parts. | EBC implemented a remedial action plan to
qualify its representations. This plan included training staff,
distributing letters and updated materials to retail partners and independent distributors, and revising the following materials: (1) website; (2) social media; (3) print brochures; (4) retail rental fleet materials; (5) packaging; and (6) bike branding. |
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| 6/24/2020 | Bihler of America, Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Maxine Nordmeyer, CEO | Concerns that marketing materials may have overstated the extent to which all products advertised on Company websites are made in the United States. Specifically, although Bihlerflex sells some U.S.-origin bungee and pet products, it also sells other products, including the ShockStrap, that incorporate significant imported parts. | Bihlerflex implemented a remedial action plan to update and qualify its representations where needed. This plan included: (1) revising websites and social media accounts to clarify that not all products advertised are "all or virtually all" made in the United States; (2) updating printed materials; (3) updating tradeshow materials; and (4) circulating a memo to Bihlerflex staff providing guidance on Company claims. | ||
| 6/16/2020 | Merrill Manufacturing Co. (Made in USA) |
Julia Solomon Ensor Staff Attorney Lashanda Freeman Federal Trade Investigator |
Mr. Stephen Anderson President |
Concerns that marketing materials may
have overstated the extent to which certain yard hydrants and water well accessories are made in the United States. Specifically, although Merrill sells some U.S.-origin products, it also sells other products that are wholly imported or contain significant imported content. |
Merrill implemented a remedial action plan to update and qualify its representations where needed. This plan included: (1) revising online and hard-copy marketing materials, including product packaging; (2) correcting artwork on tradeshow booths; (3) updating social media platforms; and (4) providing updated materials to distributors and retail accounts. | ||
| 5/21/2020 | IRIS USA, Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney |
Richard H. Casper, Esq. Foley & Lardner LLP |
Marketing materials stating the company was "Born in Japan. Made in America" may have overstated the extent to which IRIS's products are made in the United States. Specifically, although IRIS manufactures an extensive line of plastic storage products in its U.S. facilities, certain of those products incorporate significant imported components. Additionally, some IRIS products are wholly imported. | IRIS implemented a remedial action plan to update and qualify its representations where needed. This plan included: (1) removing all broad, unqualified claims from marketing materials; (2) introducing product-specific claims, where appropriate; (3) updating product packaging; (4) instructing sales personnel not to distribute marketing materials with broad, unqualified claims; and (5) issuing an advisory message to all customers to clarify IRIS's representations. | ||
| 5/15/2020 | Globetech Manufacturing Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney |
Mr. Tim Begley | Concerns that marketing materials may have overstated the extent to which Globetech's truck and trailer parts are made in the United States. Specifically, although Globetech makes certain mud flaps in the United States, the Company also sells an economy line of imported flaps, and offers other products that incorporate significant foreign content. | Globetech implemented a remedial action plan to update and qualify its representations where needed. This plan included: (1) updating product labels; (2) updating online marketing materials, including social media accounts; (3) destroying outdated trade show and hard-copy advertising materials; and (4) sending a clarification email to sales representatives, customers, and potential customers. | ||
| 4/9/2020 | Sonnen, Inc. (Made in USA) |
Julia Solomon Ensor Staff Attorney |
Mr. Brent Stayer Chief Operating Officer | Concerns that marketing materials with broad, unqualified claims that sonnen products are made in the United States may have failed to account for the fact that the Company's battery products contain significant foreign content. | Sonnen implemented a remedial action plan.
This plan included: (1) updating printed and electronic marketing
materials, including product labels; (2) training sales staff; (3) sending a letter to all partners, dealers, and installers regarding country-of-origin marketing for sonnen products; and (4) scrubbing partner, dealer, and installer websites for unqualified claims. |
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