FTC Updates (December 5 – December 9, 2022)

The FTC kicked off the holiday season analyzing data on fraudulent online shopping, cryptocurrency, and employment advertisements that are popular on social media. The Commission also announced updates to the Eyeglass Rule while also announcing the public comment period for potential updates to the Green Guides. These stories and more after the jump.

Wednesday, December 7, 2022

Bureau of Consumer Protection: Made in USA Labeling Rule

  • The FTC made public CSW Industrials, Inc. d/b/a Smoke Guard, Inc.’s (“Smoke Guard”) remedial action plan to avoid violating the Made in USA Labeling Rule, 16 C.F.R. § 323.  Specifically, Smoke Guard is required to (1) remove unqualified claims from all marketing materials, including social media platforms; (2) provide updated materials and marketing instructions to customers and distributors; (3) train staff; (4) create and distribute a written policy regarding U.S.-origin claims in product marketing, including processes and procedures to be followed before such claims may be made; and (5) collect substantiation in support of future, qualified claims.  The Commission emphasized that “[a]lthough U.S.-origin claims are optional for most products, products covered by the Textile Fiber Products Identification Act, 15 U.S.C. §§ 70-70k (the “Textile Act”) and implementing Rules, are subject to mandatory country-of-origin labeling requirements, including requirements to disclose use of imported fabric,” and that these “Textile…

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