Antitrust Law Daily Wrap Up, ADVERTISING NEWS: FTC halts investigation into unqualified “Made in USA” claims, (Apr 28, 2015)

By Michael Menzhuber, J.D., LL.M.

After reviewing submissions made on behalf of Platinum Pets, Inc., the FTC decided not to pursue an investigation into to whether Platinum Pets overstated the extent to which certain of its products were made in the United States, the agency said in an April 28 closing letter.

Platinum Pets conducts significant manufacturing activities in the United States, but also imports some of its products. In a discussion with FTC staff attorney, Julia Solomon Ensor, it was explained that unqualified “Made in USA” claims likely suggest to consumers that products are “all or virtually all” made in the United States. In response to that discussion, Platinum Pets explained that it had: (1) extensively reviewed its marketing materials, including claims made through third-party websites and social media and (2) removed overly broad claims from its marketing materials and, where applicable, identified specific manufacturing processes that it performed in the United States.

The FTC’s decision to not pursue an investigation was not a determination that there was no violation of Sec. 5 of the Federal Trade Commission Act, 15. U.S.C. § 45. The agency reserved the right to take such further action as the public interest might require.

Companies: Platinum Pets, Inc.

News: Advertising FederalTradeCommissionNews