We love a good excuse for a reminder about how to substantiate Made in USA Claims, and we get those opportunities annually around the 4th of July. FTC Chair Ferguson apparently also feels the same, so much that yesterday he proclaimed the entire month of July to be "Made in the USA Month." Compliant companies know the standard is "all or virtually all" cost of goods sold must be attributable to domestic sources, with final processing taking place in the USA. But when claims can come from pictures, video clips, memes and lots of other sources, even vigilant companies can go astray. Here are a few thoughts for your weekend social posts to keep them Independent from inadvertently making unsupported domestic origin claims:
- USA Visuals: If posting general "Happy 4th" posts, use caution not to tie the sentiment to your imported products. So "Happy Indepen-Dance Day from Portable Speaker Company XYZ" showing revelers dressed in red, white and blue and dancing at a BBQ is great. But use caution with having product beauty shots laid out on top of a flag or surrounded by eagles or other americana imagery, as such visuals might imply a Made in USA claim.
- Family Beauty Shots: If some of your products are made in America but others are imported and you are highlighting your Made in USA products in a July video touting "We Salute You with American Made Quality Products," it is a good idea to skip showing the full line as there could be an unsupported implied claim that all of your goods are of domestic origin. Sometimes marketers think a line shot at the end of a video is sufficiently separated from the main claims, but in short videos it can be difficult to have clearly delineated distinct segments.
- Factory Photos: If showing your American workers at a US plant where some assembly of your products take place, use care not to imply your products are fully Made in USA. Consider whether posts like "Happy 4th from the Portable Speaker Company XYZ Peoria assembly plant" may need to be accompanied by "Our products are assembled in Peoria using foreign components."
- Synonyms: The requirements for a Made in USA claim apply to other manufacturing descriptions. The FTC has said that Manufactured in the USA, Produced in the USA, and Created in the USA are understood to be the same claims as Made in USA. If making a qualified claim, be specific about the processing done in the USA, such as "designed," "packaged," "quality checked," "cooked," "stitched," etc. Be especially careful with "Born in the USA." This claim is sometimes used to convey that a company was started in the US, but it can easily be misunderstood as a claim that the company's products were and continue to be Made in USA.
And in case you wondered, while many fireworks come from China there are at least some American fireworks manufacturing plants, though whether those plants meet the strict standard for an unqualified Made in USA claim, we can't say.
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