Ad Law Access https://www.kelleydrye.com/viewpoints/blogs/ad-law-access Updates on advertising law and privacy law trends, issues, and developments Thu, 02 May 2024 00:43:11 -0400 60 hourly 1 Buy American Final Rule Ups the Domestic Content Ante https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/buy-american-final-rule-ups-the-domestic-content-ante https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/buy-american-final-rule-ups-the-domestic-content-ante Fri, 11 Mar 2022 14:36:10 -0500 Our colleagues have just published an advisory that summarizes recent amendments made by the Federal Acquisition Regulation (FAR) Buy American Act requirements. The amendments implement the Biden Administration’s Executive Order “Ensuring the Future Is Made in all of America by All of America’s Workers.” See the advisory for the full details.

We carefully monitor Made In USA issues at the Federal Trade Commission and maintain a tracker of Made In USA closing letters. If you want to subscribe to Kelley Drye’s Made In USA Tracker email [email protected]. Additional Made In USA information can be found in our Advertising and Privacy Law Resource Center.

Browse and subscribe to other Kelley Drye communications here.

]]> Bill Potentially Impacting “Made in USA” Claims Undergoing Committee Review https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/bill-potentially-impacting-made-in-usa-claims-undergoing-committee-review https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/bill-potentially-impacting-made-in-usa-claims-undergoing-committee-review Mon, 15 May 2017 16:43:46 -0400 The U.S. Senate Committee on Commerce, Science, and Transportation has scheduled a reading this week of the proposed S. 118 Reinforcing American-Made Products Act of 2017. The bill proposes to amend the Violent Crime Control and Law Enforcement Act of 1994 to require the Federal Trade Commission's regulation of the labeling of products as "Made in the U.S.A." or "Made in America" to supersede any state laws regarding the extent to which a product is introduced, delivered, sold, advertised, or offered for sale in interstate or foreign commerce with such a label in order to represent that the product was in whole or substantial part of domestic origin. The bill’s sponsors include the following: Sens. Mike Lee (R-Utah), Shelley Moore Capito (R-W.V.), Susan Collins (R-Maine), Deb Fischer (R-Neb.), Angus King (I-Maine).

The FTC has been a consistent enforcer of its “Made in USA” advertising policies in recent years, having issued 57 investigation closing letters between 2014 and 2016 alone. In 2017, the agency has already released ten closing letters regarding “Made in USA” claims to companies selling everything from pillows to water filters to standing desks. As domestic manufacturing has received more attention from the Trump administration, many companies are wondering whether they can say their product is “Made in the USA” and, for some, whether they can sell that product to the government under the provisions of the Buy American Act.

We will tackle just these issues in our upcoming webinar “Buy American, Hire American: Is Your (Or Your Competitor’s) Product Really ‘Made in the USA’?” on Wednesday, May 17, at Noon-1:00 Eastern. More information and registration details are here.

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