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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
FTC Updates Endorsement Guide FAQs and Settles First-Ever Action Against Individual “Influencers”
Recent developments demonstrate the FTC's continued interest in social media endorsements.
September 11 2017
FTC Announces Reforms to Its Investigative Process
Recently, the FTC announced a set of internal reforms intended to improve the process by which the Commission investigates unfair, deceptive and fraudulent business practices. The reforms relate to the Civil Investigative Demands ("CID") that the FTC's Bureau of Consumer Protection issues to request information from investigation targets.
September 7 2017
End of an Era at NAD?
Last week Frankfurt Kurnit's Advertising Group proudly hosted "A Twenty-Year NAD Retrospective: The Levine Legacy," an ABA program honoring Andrea Levine, on the occasion of her retirement as Director of NAD. With NAD transitioning to new (as yet unnamed) leadership, we thought it would be a good time to review some of the best practices that guide NAD practitioners every day.
July 10 2017