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CTA Urges FTC Not to Put Cart Before Horse on 'Made in USA' Enforcement Policy

The Federal Trade Commission should “proceed cautiously” as it ponders changes to its "Made in USA" enforcement policy and weighs developing a new rule, commented the Consumer Technology Association in docket FTC-2019-0063. The commission sought industry feedback on how consumers…

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“interpret” “Made in USA” ad and marketing claims and on the pros and cons of enforcing a possible “bright-line” standard that would green-light a “Made in USA” claim only if a prescribed percentage of a product’s costs are domestically based. This enforcement policy is 22 years old, CTA said. If it moves forward with a reassessment, “it must begin with updated consumer perception evidence,” the association said. “A new study, measuring consumers’ current attitudes and understandings of Made in USA claims, provides a better way to develop potential alternative standards than does considering input on alternatives in the absence of suitable empirical evidence.” Developing a new rule without the evidence “puts the cart well before the horse,” CTA said.