---
title: "10th Circuit Decision at Odds with FTC over \"American Made\" Claims"
date: 2024-05-01T06:00:00-04:00
author: "mhenry@kelleydrye.com"
canonical_url: "https://www.kelleydrye.com/viewpoints/podcasts/ad-law-access/10th-circuit-decision-at-odds-with-ftc-over-american-made-claims"
section: Podcast Episodes
---
# 10th Circuit Decision at Odds with FTC over ​“American Made” Claims

  May 1, 2024 | 4 min

 

 

 

 

 

 

 [Kelley Drye Ad Law Access Podcast](https://soundcloud.com/adlawaccess "Kelley Drye Ad Law Access Podcast") · [10th Circuit Decision at Odds with FTC over "American Made" Claims](https://soundcloud.com/adlawaccess/10th-circuit-decision-at-odds "10th Circuit Decision at Odds with FTC over "American Made" Claims")

 [Apple](https://podcasts.apple.com/us/podcast/10th-circuit-decision-at-odds-with-ftc-over-american/id1457734764?i=1000654223183) [SoundCloud](https://soundcloud.com/adlawaccess/10th-circuit-decision-at-odds?si=89f48659631847c3a81a9bce963bc2dc&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing) [Spotify](https://open.spotify.com/episode/0iZguT3AFfYKFnIazKOXwZ?si=_sseXPqXTsObYlEzL5oUKQ) 

 

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.)

[www.kelleydrye.com/viewpoints/blog…can-made-claims](https://gate.sc/?url=https%3A%2F%2Fwww.kelleydrye.com%2Fviewpoints%2Fblogs%2Fad-law-access%2F10th-circuit-decision-at-odds-with-ftc-over-american-made-claims&token=727347-1-1715020438542 "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/10th-circuit-decision-at-odds-with-ftc-over-american-made-claims")

 

 

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