The Federal Trade Commission recently finalized its order against Instant Brands, manufacturer of Pyrex-brand kitchen and home products, for making false “Made in USA” claims. The FTC’s order, first announced in January 2023, stops the company from making deceptive claims about products being “Made in USA” and requires it to pay a monetary judgment.
The FTC’s order against Instant Brands, which the company has agreed to, includes a number of requirements about the claims it makes:
- Restriction on unqualified claims: The company will be prohibited from making unqualified U.S.-origin claims for any product, unless it can show that the product’s final assembly or processing—and all significant processing—takes place in the U.S., and that all or virtually all ingredients or components of the product are made and sourced in the U.S.
- Requirement for qualified claims: The company is required to include in any qualified Made in USA claims a clear and conspicuous disclosure about the extent to which the product contains foreign parts, ingredients or components, or processing.
- Requirement for assembly claims: The company must also to ensure, when claiming a product is assembled in the U.S., that it is last substantially transformed in the U.S., its principal assembly takes place in the U.S., and U.S. assembly operations are substantial.
The order also requires Instant Brands to pay a $129,416 judgment.
The Commission vote to finalize the order was 4-0. The lead staff attorney on this matter was Julia Solomon Ensor in the Bureau of Consumer Protection.
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