This past Monday, October 21, the FTC issued a press release announcing a settlement that the agency reached with Utah-based E.K. Ekcessories, which resolved allegations that E.K. Ekcessories falsely advertised that iPhone accessories, bottle holders, lens cleaners, dog collars, leashes, and other products were “Made in the USA” or “Truly Made in the USA” when, in fact, the products contained a substantial amount of foreign content.
A copy of the FTC’s complaint and the Consent Decree are available here. The Consent Decree prohibits E.K. Ekcessories from advertising any product as being made in the United States unless the product is “all or virtually all made in the United States.” E.K. Ekcessories also may not make any “misleading claims about a product’s country of origin”, nor is it permitted to provide “deceptive marketing materials to third-party retailers”, such as Amazon or REI.
This settlement is significant given that most FTC “Made in USA” investigations over the past five years have resulted in closing letters, not settlements.
Kelley Drye attorney John Villafranco discusses “Made in the USA” claims in more depth in the most-recent issue of Inside Counsel magazine. Click here to read the full article.