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ARTICLE · 31 JANUARY 2023

FTC Challenges Half-Baked "Made In USA" Claims

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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Instant Brands advertises that its Pyrex glass products are "Proudly Made in USA" and as "American as Apple Pie." For many years, it appears that Instant Brands' claims complied with the requirements set forth in FTC's Made in USA Labeling Rule.

United StatesMedia, Telecoms, IT, Entertainment

Instant Brands advertises that its Pyrex glass products are "Proudly Made in USA" and as "American as Apple Pie." For many years, it appears that Instant Brands' claims complied with the requirements set forth in FTC's Made in USA Labeling Rule. But when the COVID-19 pandemic hit and consumers who were stuck at home turned to baking for solace, Instant Brands had trouble meeting the increased demand for its products and it had to look for options outside the country.

For about ten months between 2021 and 2022, Instant Brands shifted the production of some of its measuring cups to China. The company did not, however, shift its marketing strategy, and some ads still suggested that its products were made in the USA. According to the FTC, though, more than 110,000 customers who ordered measuring cups that were advertised as "Made in USA" on Amazon received products that were labeled as "Made in China." That's clearly not where apple pie originated.

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