Hunton Retail Law Resource

The FTC recently updated its “Made in USA” business guidance (see our prior reporting on the agency’s finalizing its “Made in USA” Labeling Rule). The updated business guidance reiterates the longstanding “all or virtually all” standard and explains that companies have an ongoing obligation to review their Made in USA claims in marketing materials, both to comply with the Made in USA Labeling Rule (for claims made on product labels) and with the FTC’s Made in USA Policy Statement (for claims generally). The FTC also applies the “Made in USA” standards to domestic origin statements like “Manufactured in USA,” “Built in USA,” “USA,” “true American quality,” and “Our products are American-made.” The staff provides new examples in the guidance to help businesses understand what kinds of Made in USA claims are covered.

The FTC announced a Notice of Proposed Rulemaking (NPRM) targeting misleading and hidden fees, commonly known as “junk fees,” and how businesses may advertise and market prices to consumers. The NPRM was drafted based on over 12,000 public comments to the FTC’s Advance Notice of Proposed Rulemaking published in November 2022.