Do you prefer products that are “Made in the USA”? Some manufacturers and advertisers may claim that their products are USA-Made but with new FTC regulations, some people may discover their products may not meet MUSA criteria! Complete the form below if you have been impacted!

Who Regulates “Made in USA” Advertising?  

The Federal Trade Commission (FTC), as well as individual U.S. states, determine when a company improperly attaches a “Made in USA” (MUSA) claim to their product. Under the FTC standard all alleged MUSA products must: (1) undergo finally assembly or processing in the United States; (2) undergo significant processing in the United States; AND (3) “all or virtually all” pieces or ingredients must be from the United States.

MUSA requirements at the state level vary. California, for example, does not permit companies to attach a MUSA label where the product is “entirely or substantially” foreign made. To satisfy this standard, the product must consist of less than five percent foreign material or, if materials are not available in the United States, the product must consist of less than ten percent foreign materials.

How Aggressively Are These Restrictions Applied?

The anticipated new FTC chairman is notably in favor of U.S. based manufacturing and is expected to focus FTC efforts on investigating false MUSA advertising. Though the current FTC chairman has also indicated that the FTC is emphasizing U.S. manufacturing, the recently nominated FTC chairman candidate will likely ramp up those efforts.

What Does This Mean for Consumers?

Consumers should be conscious of the federal MUSA requirements as well as their state’s specific MUSA requirements. If a company makes a MUSA representation in contravention of state law, consumers can file class action lawsuit to hold that company accountable. In light of harsher federal regulation, consumers should monitor MUSA advertising violations to see if they have been misled.

The experienced class action lawyers at Shub Johns & Holbrook have significant experience holding companies accountable. If you’ve been misled by an inaccurate MUSA advertisement, fill out the form below to see if you’re eligible for potential recovery!