Can A Disclaimer Effectively Modify A "Made In USA" Claim?

Stihl Incorporated USA promoted its outdoor power equipment as having been "Made in America." Almost all of advertising that included this claim also had a disclaimer which read, "A majority of STIHL products sold in America are made in America of U.S. and global materials." Did the disclaimer effectively qualify Stihl's "Made in America" claim? That was the issue in a recent case decided by the National Advertising Division.

Stihl's advertising was challenged by Milwaukee Electric Tool Corporation. The challenger argued that, even with the disclaimer, consumers are still taking away a message that all of the company's products are made in the United States. Interestingly, the challenger submitted a consumer perception study that it had commissioned which showed that more than 44% of respondents took away the message that Stihl's products were made here and more than 35% of respondents took away the message that the products' parts were made here as well.