10th Circuit Decision at Odds with FTC over American Made” Claims

| 4 min

I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of patriotism. I Dig Texas claimed that its products are ​“American Made” while its competitor’s products are ​“110% Made in China.” Creager Services didn’t dig those claims and filed a lawsuit alleging, among other things, that the ​“American Made” claims were literally false. (It missed an opportunity to argue that a product can’t be ​“110%” made in any location.)