The Commission vote to issue the complaint and accept the proposed consent order was 2-0. Origin Claims provides further guidance on the Made in USA standard.įurther details about the consent agreement are set forth in the analysis to aid public comment for this matter. The FTC’s Enforcement Policy Statement on U.S. The order also prohibits Nectar, its officers, and any other company representatives from making untrue, misleading, or unsubstantiated country-of-origin claims in their marketing materials about any product or service.
To claim that a product is assembled in the United States, Nectar must ensure that the product is last substantially transformed in the United States, its principal assembly takes place in the United States, and United States assembly operations are substantial. Under the order, any qualified U.S.-origin claim must include a clear and conspicuous disclosure about the extent to which the product contains foreign parts, ingredients, and/or processing. Under the terms of the proposed order, Nectar is prohibited from making unqualified U.S.-origin claims for mattresses or other products or services unless it can show that the products’ final assembly or processing – and all significant processing – take place in the United States and that all or virtually all ingredients or components of the product are made and sourced in the United States. The company, also doing business as Nectar Sleep DreamCloud, LLC and DreamCloud Brand LLC, markets its products online at the company website,.
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