American consumers prefer the “Made in U.S.A.” label when making purchases. However, meeting the Federal Trade Commission (“FTC”) standard and updated California legal requirements for making a “Made in U.S.A.” claim presents hurdles as the fashion and retail industry relies increasingly on global supply chains and suppliers. The FTC and plaintiffs’ lawyers have been increasingly vigilant in targeting users of U.S.-origin claims. Plaintiffs have also relied on a stricter California law, but the California legislature recently took steps that will bring its law more in line with the federal standard.  It remains to be seen, however, whether the state’s “bright line” approach captures other flexibilities provided for in FTC guidance making the two similar enough to deter litigation aimed at exploiting differences.  
 
Please join us as we discuss the latest legislative, regulatory, and litigation developments surrounding “Made in U.S.A.” claims, including:

  • Updates on recent class-action lawsuits against manufacturers and retailers.
  • What you need to know about “qualified” and “unqualified” claims.
  • Dealing with the hodgepodge of origin marking and labelling standards for advertising, import/export, and sales to the U.S. government. 
  • Recent amendments to the California state “Made In America” law that will be effective in 2016.

Kelley Drye Speakers

Christie Grymes Thompson is a partner in the firm's Washington, D.C. office and chair of the Advertising and Marketing and Consumer Product Safety practice groups. She focuses her practice on consumer protection matters,  including advertising, product safety, competitor challenges, and promotions. She counsels clients on all aspects of regulatory compliance, with a focus on statutes and regulations enforced by the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC) and state Attorneys General.

Jennifer McCadney is special counsel in the firm's Washington, D.C. office. She focuses her practice on the areas of trade legislation, trade policy and U.S. competitiveness, including tariff reductions, free trade agreements and U.S. customs law. She has significant experience providing counsel to U.S. importers and manufacturers within a variety of industries. Ms. McCadney also has extensive knowledge of U.S. customs laws and regulations and is familiar with other import-related issues.

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