FTC Order Requires Pyrex Glass Manufacturer to Pay for Falsely Claiming Chinese Products Were Made in USA - Federal Trade Commission
Order also requires company to stop deceptive claims
The Federal Trade Commission has taken action against Instant Brands, manufacturer of Pyrex-brand kitchen and home products, for falsely claiming that all its popular glass measuring cups were made in the United States during a time some measuring cups were imported from China. The FTC’s proposed order against Instant Brands would stop the company from making deceptive claims about products being “Made in USA” and require them to pay a monetary judgment.
“Consumers rely on marketers to make truthful ‘Made in USA’ claims,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “If marketers move their manufacturing outside the United States, even temporarily, they must update their advertising to make it accurate.”
According to the FTC’s complaint, Instant Brands faced increased demand for its glass measuring cups in the early days of the COVID-19 pandemic, when consumer interest in home baking spiked. Pyrex has long used the U.S. origin of its products as a selling point. By early 2021, the company was not able to meet the demand for certain measuring cup sets sold on Amazon with cups produced in the United States. From March 2021 to May 2022, Instant Brands produced some Pyrex cups in China.
When the production shifted to China, the company continued to market the Chinese-made products on Amazon as “Made in USA,” despite the cups themselves being marked “Made in China.” While the Chinese cups were being sold the company also continued its marketing that implied all Pyrex cups were of U.S. origin, with claims about the company’s “made in the USA heritage,” and that its products were “American as Apple Pie.”
All told, more than 110,000 units of the Chinese-made measuring cup sets were sold to U.S. consumers as being “Made in USA.”
The FTC’s order against Instant Brands, which the company has agreed to, includes a number of requirements about the claims they make:
• Restriction on unqualified claims: The company will be prohibited from making unqualified U.S.-origin claims for any product, unless it can show that the product’s final assembly or processing—and all significant processing—takes place in the U.S., and that all or virtually all ingredients or components of the product are made and sourced in the U.S.
• Requirement for qualified claims: The company is required to include in any qualified Made in USA claims a clear and conspicuous disclosure about the extent to which the product contains foreign parts, ingredients or components, or processing.
• Requirement for assembly claims: The company must also to ensure, when claiming a product is assembled in the U.S., that it is last substantially transformed in the U.S., its principal assembly takes place in the U.S., and U.S. assembly operations are substantial.
The order also requires Instant Brands to pay a $129,416 judgment.
The FTC is committed to ensuring that “Made in USA” claims are truthful. The FTC’s Enforcement Policy Statement on U.S. Origin Claims provides guidance on making non-deceptive “Made in USA” claims. In addition, the FTC recently finalized its Made in USA Labeling Rule, which went into effect on Aug. 13, 2021. Companies that violate the Rule from that date forward may be subject to civil penalties.
The Commission vote to issue the administrative complaint and to accept the consent agreement was 4-0. The FTC will publish a description of the consent agreement package in the Federal Register soon. The agreement will be subject to public comment, after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments appear in the published notice on regulations.gov.
NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $50,120.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Barium Chloride From India; Termination of Investigation
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Raised Garden Beds and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of Investigation
• Investigations; Determinations, Modifications, and Rulings, etc.: Emulsion Styrene-Butadiene Rubber From Czechia and Russia; Corrected Determinations
• Certain Preserved Mushrooms From France Determination
• Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds of Customs Duties
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Preserved Mushrooms From France: Antidumping Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Sodium Nitrite From India; Supplemental Schedule for the Final Phase of Countervailing and Antidumping Duty Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Video Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of Target Date
• Certain Casual Footwear and Packaging Thereof; Notice of Request for Submissions on the Public Interest
• Emulsion Styrene-Butadiene Rubber From Mexico: Final Results of Antidumping Duty Administrative Review; 2020-2021
• High Pressure Steel Cylinders From the People's Republic of China: Final Results of Sunset Reviews and Revocation of Orders
• Prestressed Concrete Steel Wire Strand From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review; 2020-2021
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U.S., EU Sign Tariff Rate Quota Agreement - Office of the U.S. Trade Representative
BRUSSELS – United States Trade Representative Katherine Tai, Sweden’s Permanent Representative to the European Union (EU), Ambassador Mikael Lindvall, and European Commission Deputy Director General for Agriculture and Rural Development, Michael Scannell signed the U.S.-EU Tariff Rate Quota (TRQ) Agreement. The Agreement, once implemented, will enable the United States to preserve its existing access to the EU market for various agricultural commodities following the United Kingdom’s exit from the EU on January 1, 2021.
The new TRQ allocations are based on the historic pattern of agricultural exports to the 27 EU Member States. The Agreement will restore favorable market access for multiple U.S. agricultural products, including for U.S. rice, almonds, wheat, and corn.
In the first eleven months of 2022, the United States exported $11.1 billion worth of agricultural goods to the EU.
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CBP Officers “Stone” the Night and Seize Over $4 Million Worth of Cocaine Concealed within a Shipment of Decorative Stone - U.S. Customs & Border Protection
Tecate, Calif. – U.S. Customs and Border Protection (CBP) Officers assigned to the Tecate Cargo Facility in San Diego found over $4 million worth of cocaine concealed within a shipment of decorative stone.
On January 11, at approximately 10:23 p.m., CBP officers encountered a 36- year-old driver of a tractor trailer with a shipment manifested as decorative stone. During the inspection, a CBP officer referred the driver along with the tractor trailer for a more intensive examination.
During the exam, CBP officers randomly offloaded one of the commodities within the trailer and observed an anomaly on one of the stones. A CBP K-9 team screened the shipment and received a positive alert from the detector dog. Officers discovered 57 cellophane wrapped packages of cocaine. The packages of cocaine were concealed within a plaster-like material designed to appear like stones.
CBP officers extracted approximately 256 pounds of cocaine worth an estimated street value of about $4.1 million.
“It is evident from the immense efforts to conceal these narcotics that our officers are effective in the jobs that they do,” said Jennifer De La O, CBP Director of Field Operations in San Diego. “The men and women of CBP are relentlessly working together to stop the negative impacts that narcotics have in the communities.”
CBP officers seized the narcotics, tractor, and trailer.
The driver was detained for the alleged narcotic smuggling attempt. CBP officers turned the driver, a Mexican citizen, over to the custody of U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) for further disposition.
CBP officers at the border crossing in Southern California stop illegal activity while processing millions of legitimate travelers into the United States. Those statistics can be found here: CBP-enforcement-statistics.
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Cincinnati CBP Intercepts Over 140 Pounds of Meth in Acrylic Paint - U.S. Customs & Border Protection
CINCINNATI — On January 6, U.S. Customs and Border Protection (CBP) officers in Cincinnati intercepted smuggled narcotics in a large shipment of acrylic waterproofing paint from Mexico enroute to Cleveland, Texas, located just outside of Houston. The shipment contained over 140 pounds of liquid methamphetamine concealed within the paint. The liquid methamphetamine had an estimated street value of up to $955,000.
CBP Narcotic Detector Dog “Betty” was actively working incoming freight and alerted to the shipment of paint. The containers appeared to have a white crystalized substance on the lids with an unusual consistency. These characteristics indicated that narcotics could be mixed within the paint. Officers tested the material inside the buckets. The test produced a positive result for methamphetamine, a Schedule II Narcotic. Methamphetamine is a synthetic stimulant that is highly addictive and very dangerous.
Cincinnati Port Director Richard Gillespie highlights that smugglers often conceal narcotics within many different materials. The 5-gallon buckets loaded with methamphetamine are a prime example of a smuggler’s ingenuity. “The Port of Cincinnati officers are sharp and quick thinkers, using excellent deductive reasoning skills. They make it their mission each day to discover narcotics attempting to be smuggled into the United States.” CBP encourages legitimate trade and travel to and from of the United States.
As the largest federal law enforcement agency in the United States, CBP has a vast, complex, and dynamic mission faced with constantly changing threats. By being continuously watchful and alert, CBP is dedicated to facilitating lawful trade and travel and protecting the homeland and its people.
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ITA Publishes New Global Aluminum Trade Monitor to Help U.S. Industry Better Track Markets - International Trade Association
WASHINGTON – Today (1/3/23), the U.S. Department of Commerce’s International Trade Administration announced the release of the Global Aluminum Trade Monitor, a new online tool that highlights global aluminum trade flows from the largest aluminum-producing and exporting countries.
Utilizing data sourced by global trade monitor IHSMarkit, ITA’s Enforcement and Compliance unit designed the Global Aluminum Trade Monitor as a free, interactive, comparative analysis tool that allows users to create custom data visualizations and provide industry greater insight into how countries that import and export aluminum react to global market conditions.
“The Global Aluminum Trade Monitor provides a critical U.S. industry with the data it needs to make informed decisions,” said Lisa Wang, Assistant Secretary of Commerce for Enforcement and Compliance. “The development of this interactive tool builds upon the agency’s current Aluminum Import Monitor by including global aluminum trade flows, not just the trade of products imported into the United States.”
As with the Global Steel Trade Monitor, ITA’s new aluminum data visualization can generate tens of thousands of detailed charts across the top global aluminum importing and exporting countries and seven aluminum product categories.
The Global Aluminum Trade Monitor enables users to customize their analysis and view data in both volume and value. For countries that do not report aluminum trade data, the monitor also utilizes import data from other countries to construct reverse flow export figures. The Global Aluminum Trade Monitor is updated every two weeks via ITA’s Aluminum Import Monitor.
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CPSC Requires Lifesaving Flame Mitigation Devices on Gas Cans and Other Portable Fuel Containers - Consumer Product Safety Commission
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) is making gas cans and other fuel containers safer by requiring flame mitigation devices. The new mandatory safety standard will go into effect in July 2023. Congress required the agency to put rules into place to protect consumers under the Portable Fuel Container Safety Act (PFCSA) of 2020.
Each year, thousands of people go to emergency departments with burn injuries related to flammable liquids. Many burn incidents involve liquid fuel used on a backyard fire pit, a campfire, a bonfire or burning trash. Vapors from these liquids are invisible and dangerous.
Flame mitigation devices, such as flame arrestors, protect against flame jetting and container rupturing. Flame jetting is a phenomenon where an external ignition source – such as an open flame – causes a sudden ignition of fuel within a container and forcefully expels burning vapor and liquid from the mouth of the container, resulting in a blowtorch-like effect. Container rupturing is like flame jetting, except the burning vapor and liquid are expelled through a rupture in the container.
Flame mitigation devices will be required on new gas cans and other containers that are sold empty, such as for kerosene and diesel, and on new containers that are sold pre-filled with fuels such as charcoal lighter fluid, liquid fireplace fuels and pre-mixed gasoline and engine fuel. Most fuel containers already have the safety device.
By a 4-0 vote, the CPSC made mandatory three existing voluntary standards:
• ASTM F3326-21, Standard Specification for Flame Mitigation Devices on Portable Fuel Containers;
• ANSI/CAN/UL/ULC 30:2022, Standard for Safety Metallic and Nonmetallic Safety Cans for Flammable and Combustible Liquids and;
• ASTM F3429/F3429M-20, Standard Specification for Performance of Flame Mitigation Devices Installed in Disposable and Pre-Filled Flammable Liquid Containers.
In December 2022, the Commission also voted to update child resistance requirements for closures on portable gas cans, and diesel and kerosene containers. These requirements became effective on December 22, 2022. The revisions update the existing standard to reflect current gasoline container designs, remove ambiguities in the child test requirements, and create an adult test that reflects usage patterns. The revisions also apply requirements to aftermarket products such as pour spouts.
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Are You a Former AT&T Unlimited Data Plan Customer? Read on - Federal Trade Commission
Today (1/19/23), the FTC announced a new claims process to return money to thousands of former AT&T customers as a result of a $60 million settlement with AT&T. To date, $52 million has already been refunded.
Are you a former AT&T customer who had an unlimited data plan between October 2011 and June 2015 and you haven’t already cashed a check from AT&T? You might be eligible to get a payment. Are you a current AT&T customer who had an unlimited data plan during this time? No need to file a claim — you should have gotten a bill credit from AT&T in early 2020.
Why are some customers who had unlimited plans getting money back? The FTC says that AT&T throttled their data, slowing down their internet speed after they used a certain amount of data in a billing cycle. The limits on this “unlimited” plan made it hard — and, in some cases, impossible — to browse the internet or stream videos. And, before people signed a long-term contract, AT&T didn’t adequately disclose to customers that it would slow down their internet.
Here’s what to know:
• Find out if you’re eligible and file your claim today at ftc.gov/ATT.
• You have until May 18, 2023, to file a claim.
• Questions about filing a claim? Call the refund administrator at 1-877-654-1982 or email info@ATTDataThrottling.com.
And remember, if you think a company is slowing down your data or internet service without telling you, report it at ReportFraud.ftc.gov