Fors lawyer, Rafael De La Grana, Secures Confidential Settlement in Deceptive “Made in America” Advertising Dispute.

FORS is proud to announce the successful resolution of a confidential dispute involving deceptive advertising and misrepresentation of a product’s origin by a national manufacturer after its clients purchased high-end products prominently marketed as being “Made in America.” However, it came to light that critical components of the product were manufactured overseas. Even after the issue was raised directly with the company, the misleading claim was reaffirmed rather than corrected, compounding the deception.

FORS asserted this conduct constituted violations of several state and federal laws designed to protect the markets and ensure fairness:

Florida Deceptive and Unfair Trade Practices Act (FDUTPA) (Fla. Stat. § 501.201 et seq.)

FDUTPA prohibits deceptive and unfair business practices that mislead consumers. A business can be liable under FDUTPA even without intent to deceive if its conduct is likely to mislead a reasonable consumer. The statute provides remedies such as compensatory damages, injunctive relief, and recovery of attorneys’ fees.

FTC’s “Made in USA” Rule (16 C.F.R. § 323; 15 U.S.C. § 45(a))

The Federal Trade Commission enforces strict rules regarding “Made in USA” claims. To make such a representation, a product must be “all or virtually all” made in the United States. Misleading claims are considered unfair or deceptive acts and can result in penalties, consumer restitution, and enforcement actions.

Additional Legal Theories

The claims also involved fraudulent misrepresentation, breach of warranty, and unjust enrichment, focusing on the company’s failure to accurately disclose product origin and its continued promotion of misleading representations even after being directly challenged.

Settlement and Industry Impact

The matter was resolved through a confidential settlement that, while not publicly disclosed, achieved a favorable outcome for, not only FORS' clients, but similary-situated purchasers in the market. The case underscores a broader issue: companies cannot market products using patriotic branding unless they meet the legal thresholds for country-of-origin labeling. FORS stands ready to assert class action claims under Florida law and pursue additional remedies under the Lanham Act for false advertising and, potentiallym the False Claims Act, if government procurement violations are involved.

What This Means for Consumers and Competitors

This resolution serves as a reminder that misleading origin claims not only harm consumers but also create an unfair playing field for legitimate American manufacturers. At FORS, we remain committed to protecting the integrity of the marketplace and advocating for those affected by deceptive business practices.

Note: The facts of every case are unique and prospective clients may not obtain similar results.

If you suspect you’ve been misled by false “Made in USA” claims or deceptive marketing practices, contact us for a consultation. FORS provides strategic legal counsel to consumers and businesses harmed by unfair trade practices.