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    SGSN   CH0002497458

SGS AG

(SGSN)
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SGS : New FTC Rule, “Made in USA” Violators Will Face Monetary Penalties

07/29/2021 | 03:17am EDT
The US Federal Trade Commission (FTC) has published the final rule for 'Made in USA' claim on product labels.
SAFEGUARDS | Consumer ProductsNO. 102/21

On July 14, 2021, Federal Trade Commission has published the final rule, 16 CFR 323 establishing rule regarding 'Made in USA' and other unqualified US origin claims.

The commission received more than 700 comments from stakeholders on the notice of proposed rulemaking issued in July 2020 for this rule. Most comments supported the rule and some raised concerns or recommended changes to the proposal. The commission adopted the proposed rule with minor modification and it will become effective on August 13, 2021.

Commissioner Rohit Chopra said: 'The final rule provides substantial benefits to the public by protecting businesses from losing sales to dishonest competitors and protecting purchasers seeking to buy American-made goods. More broadly, this long-overdue rule is an important reminder that the Commission must do more to use the authorities explicitly authorized by Congress to protect market participants from fraud and abuse.'

The rule defines the term Made in the United States as 'any unqualified representation, express or implied, that a product or service, or a specified component thereof, is of U.S. origin, including, but not limited to, a representation that such product or service is 'made,' 'manufactured,' 'built,' 'produced,' 'created,' or 'crafted' in the United States or in America, or any other unqualified U.S.-origin claim.'

The rule prohibits the promotion of or offer for sale in commerce any product with a 'Made in USA' label unless all of these three criteria are met:

  1. The final assembly or processing of the product occurs in the United States
  2. All significant processing that goes into the product occurs in the United States; and
  3. All or virtually all ingredients or components of the product are made and sourced in the United States

The rule covers any mail order catalog or mail order promotional material including a seal, mark, tag, or stamp labeling a product Made in the United States. The term Mail order catalog and mail order promotional material is defined in the rule as 'any materials, used in the direct sale or direct offering for sale of any product or service, that are disseminated in print or by electronic means, and that solicit the purchase of such product or service by mail, telephone, electronic mail, or some other method without examining the actual product purchased.'

With this final rule the FTC will now be able to impose civil penalties of up to $43,280 for first-time violations of the rule while also seeking redress, damages, and other relief from those who make false, unqualified Made in USA claims.

The rule allows any person to apply to the commission for partial or full exemption if they can show proof that their unqualified Made in USA claim is not deceptive.

Reference
  1. Final rule 16 CFR 323

SGS offers a range of consulting, training, product development, testing, auditing and inspection services to help you demonstrate that your products are safe, high quality, and that they comply with the strict regulations that are enforced by markets around the world. In the end, it's only trusted because it's tested. Contact us for more information or visit our website.

For inquiries, please contact:

Dennis Lancion
SGS Consumer and Retail
Technical Manager (Hardlines)
t: +1 (905) 364-3757

Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!

Read more articles for the Consumer Goods and Retail industry

© SGS Group Management SA - 2021 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties' contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided 'as is' and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS's prior written consent.

Disclaimer

SGS SA published this content on 29 July 2021 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 29 July 2021 07:16:10 UTC.


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Sales 2021 6 314 M 6 800 M 6 800 M
Net income 2021 642 M 692 M 692 M
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EV / Sales 2021 3,69x
EV / Sales 2022 3,49x
Nbr of Employees 92 143
Free-Float 79,7%
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Managers and Directors
Frankie Ng Chief Executive Officer
Dominik de Daniel Chief Financial Officer
Calvin Grieder Chairman
Olivier Merkt Chief Compliance Officer & SVP-Legal
August Franšois von Finck Independent Director