The U.S. Court of Appeals for the Third Circuit on December 10, 2025, upheld a ruling that caulking gun maker Albion Engineering falsely advertised its products as made in the USA, affirming $2.1 million in disgorgement and a permanent injunction, VitalLaw reported.
Background
Albion, founded in 1929, made all of its caulking guns in the USA until 2001, when it began importing some models from Taiwan. According to the court record, the “Made in Taiwan” stamps were often hard to see, and some products were printed “USA manufacturer and designer.” Albion also sent parts to Taiwan for assembly and re-imported them, while advertising that its products were “designed and manufactured in the USA.”
Rival Newborn Bros., which imports its products, sued under the Lanham Act after learning in 2012 that some Albion products were made at least partly overseas.
The ruling
In Newborn Bros. Co. v. Albion Engineering Co., Nos. 24-1548 and 24-3046, the court held that a consumer survey is not required to prove actual deception. Expert testimony that “Made in the USA” has “tremendous value” helped show the claim was material, and diverted sales showed harm. The court also upheld the trial court’s finding that Newborn had unclean hands, since its own logo placed its name in a USA map without disclosing overseas production, which limited its recovery.
Why it matters for Made in USA
The decision makes it easier for competitors to win false Made in USA cases without costly consumer surveys. It also shows that hard-to-see origin markings and vague phrases like “USA manufacturer” do not protect a company. Both sides were faulted for using USA imagery to suggest domestic production.
FAQ
What did the Third Circuit decide?
It upheld findings that Albion Engineering falsely advertised caulking guns as made in the USA, along with $2.1 million in disgorgement and an injunction.
Did the plaintiff need a consumer survey?
No. The court said a survey is not required to prove actual deception.
Why was the award limited?
The court found the plaintiff, Newborn Bros., also used USA imagery to imply domestic production.
Source & credit
Originally reported by VitalLaw (Patricia K. Ruiz, J.D.) on December 11, 2025: 3d Cir.: Tool manufacturer falsely advertised its products as Made in the USA
Additional reporting: Law360