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October 29th, 2013
iPhone Accessories Company Settles FTC Charges
A marketer of iPhone accessories and other products recently settled Federal Trade Commission charges that the company made false claims that its products are made in the United States.
The FTC alleged that E.K. Ekcessories ("E.K.") advertised that its products - marketed directly to consumers on E.K.'s website, as well as online on Amazon.com and REI.com - were "Made in the U.S.A," "Truly Made in the USA," and made in their "60,000 sq. ft. facility in Logan, Utah," even though the company allegedly imported many of its products and product components from foreign countries. Advertisers that make express or implied claims that products are made in the United States must comply with the FTC's ''Made in USA'' Standard Business Guides. These Guides require unqualified U.S. origin claims to be substantiated by evidence that a product is "all, or virtually all," made in the United States.
Under the FTC's proposed order with E.K., the company may not claim that its products - or any components thereof - were made in the United States unless those products or components were, in fact, all or virtually all made in the United States. The order also forbids E.K. from making misleading claims about the country of origin of its products and from supplying any third party retailers (including Amazon.com and REI) with deceptive promotional material.
For more information about "Made in the USA" claims or other advertising or marketing issues, please contact Jeffrey Greenbaum at (212) 826 5525 or email@example.com, Hannah Taylor at (212) 705 4849 or firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Advertising Group.
Other Advertising Law Alerts
The Truth Will Set You Free: The FTC Provides New Guidance on Consumer Reviews
Late last year, Congress passed the Consumer Review Protection Act, a law designed to stop businesses from using contracts to prevent customers from posting honest reviews about the business.
March 8 2017
FTC Finds “All Natural” Claim Violated FTC Act
The FTC has issued a Final Order against California Naturel, Inc., a seller and marketer of personal care products, finding that the company's "all natural" claims were false and misleading in violation of the FTC Act.
December 15 2016
FTC Policy Statement Focuses on Homeopathic Health Claims
Last week, the Federal Trade Commission issued its new "Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs," as well as a staff report on a workshop that the Commission held last year on OTC homeopathic drug advertising.
November 28 2016