Authors
The FTC is cracking down on “Made in USA” claims, but risk is not equal across all claims and all products. A series of July letters may reveal a hidden triage framework for who gets a warning and who gets a penalty, write Reed Smith attorneys John Feldman and Julia Solomon Ensor, the former leader of the commission’s Made in USA program.
If your company makes “Made in USA” (MUSA) or similar domestic-origin claims on labels, websites, social media or anywhere else in advertising, your risk profile has been steadily increasing. In March, the White House issued an executive order directing the Federal Trade Commission (FTC) to crack down on misleading origin claims, and enforcement has been accelerating since. But a recent agency signal may reveal something useful for compliance practitioners. In July, the FTC issued seven warning letters that appear to present a framework for assessing where your company falls on the FTC’s MUSA priority spectrum.
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