Associate Annie Cai Larson and partner Mitchell Morris wrote an article published by Law360 titled “Making ‘Made in USA’ Labels Great Again.” They discuss legal liabilities surrounding manufacturers’ “Made in USA” product labels as Federal Trade Commission investigations and class action lawsuits over false or misleading labels are on the rise.
In the article, the authors caution, “Even if courts are unwilling to find that ‘Made in America’ labeling claims are preempted by FTC regulations, companies should consider other ways to raise compliance with FTC standards as a defense to such claims. Generally, although industry guidelines published by a federal agency may not have the full force of law, they nonetheless require deference from the judiciary.”