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ARTICLE · 30 MARCH 2022

FTC Reminds Marketers That Hashtags Can Communicate False "Made In USA" Claims

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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In two recent closing letters, the Federal Trade Commission called out marketers for using hashtags that communicated false U.S.-origin claims. It's an important reminder that...

United StatesMedia, Telecoms, IT, Entertainment

In two recent closing letters, the Federal Trade Commission called out marketers for using hashtags that communicated false U.S.-origin claims. It's an important reminder that the hashtags advertisers choose to use in their social media posts may communicate "made in USA" and other claims that require substantiation, just like any other elements of a company's advertising.

According to the FTC's Enforcement Policy Statement on U.S. Origin Claims, in order to make an unqualified "made in USA" claim about a product, the advertiser must be able to substantiate that the product was "all or virtually all" made in the United States. This means that the final assembly or processing of the product must take place in the United States and that product should contain only a negligible amount of foreign content. In order to make a determination about whether a product was made here, the FTC also considers other factors, including the portion of the product's total

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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