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FTC Brings Action Against Pyrex Glass Manufacturer for “Made in USA” Products Imported From China

The FTC announced an enforcement action against Instant Brands LLC, manufacturer of Pyrex-brand products, for allegedly marketing certain glass measuring cups as “Made in USA” and “American as Apple Pie” while importing those products from China. A proposed consent order would require Instant Brands to pay a monetary judgment of $129,416 and comply with the agency’s requirements for marketing a product as made or assembled in the United States.

In its complaint, the FTC alleges that Instant Brands moved production of certain Pyrex measuring cups from the U.S. to China between May 2021 and March 2022 in response to an increase in consumer demand for baking products during the COVID-19 pandemic. The FTC claims Instant Brands continued to market the imported products online as domestically made, fulfilling more than 110,000 orders with cups marked with a statement “Made in China”, in violation of Section 5 of the FTC Act.  

As part of the consent order, Instant Brands will be required to pay a $129,416 judgment and agree to several restrictions on its ability to claim that its products are made or assembled in the United States. The order prevents Instant Brands from making unqualified U.S.-origin claims for its products unless it can show that the final assembly or processing—and all significant processing—of the products occurred in the United States using all or virtually all U.S.-sourced components. The order also requires Instant Brands to clearly disclose the extent to which a product contains foreign parts, ingredients, or processing if making a qualified “Made in USA” claim. Finally, Instant Brands is prohibited from claiming a product is assembled in the United States unless the product was last substantially transformed in the U.S., its principal assembly takes place in the U.S., and U.S. assembly operations are substantial.

This case is only the latest example of FTC enforcement against allegedly false and misleading “Made in the USA” claims. Companies marketing their products as “Made in USA” should consult the FTC’s Enforcement Policy Statement on U.S. Origin Claims and Made in USA Labeling Rule to ensure compliance with FTC requirements.

Copyright © 2023, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XIII, Number 19
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About this Author

Phyllis H. Marcus Partner Consumer Products Food Industry Retail Practices
Partner

With 17 years of experience at the FTC, Phyllis brings a unique advertising and children’s privacy vantage point to our clients.

Phyllis heads the firm’s advertising counseling practice, and focuses on all aspects of advertising, from the initial development of a claim to its ultimate defense in the marketplace. Phyllis’s practice includes claim creation and substantiation, pre-acquisition due diligence, dissemination in traditional and digital media, and both offensive and defensive competitor challenges. She also counsels clients on the intricacies of compliance with the Children’...

202-955-1810
Nicholas Drews D.C. Antitrust Lawyer Sheppard Mullin
Associate

Nicholas Drews is an Associate at Hunton Andrews Kurth's D.C. office. He focuses his practice on class action and complex litigation and antitrust issues.

Prior to joining the firm, Nick clerked in the United States District Court for the Eastern District of Virginia. During law school, he served as an Articles Editor for The George Washington Law Review and worked as a student attorney with the Jacob Burns Community Legal Clinics’ Criminal Appeals and Post-Conviction Services clinic.

202-955-1521
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