The Federal Trade Commission announced on September 12, 2018, that a hockey puck seller and two outdoor gear companies agreed to stop making false Made in USA claims. It also approved a final order against mattress seller Nectar Brand LLC.
The cases
- Patriot Puck: Four Farmingdale, New York, companies and officer George Statler III advertised “100% American Made!” and “The only American Made Hockey Puck!” The FTC alleged the pucks were wholly imported from China. Since January 2016, the companies imported 74,411 kilograms of pucks, the equivalent of more than 400,000 pucks.
- Sandpiper of California and PiperGear USA: More than 95% of Sandpiper’s products and about 80% of PiperGear’s were imported as finished goods or contained significant imported parts, the FTC said. Some imported wallets hid the true origin on the back of tags and came with cards showing false USA-origin claims.
- Nectar Brand: First announced in March 2018, the complaint said Nectar claimed its mattresses were “Designed and Assembled in the USA” when they were wholly imported from China.
A split commission
Each vote was 4-1, with Commissioner Rohit Chopra voting no. He wrote that “none of the three settlements approved today includes monetary relief, notice to consumers, or any admission of wrongdoing.”
Commissioner Rebecca Kelly Slaughter, joined by Chairman Joseph Simons, defended the orders, saying violations can bring civil penalties of more than $40,000 each. She noted that the FTC had brought 25 USA-origin enforcement actions and sent more than 130 closing letters.
The puck and gear orders were open for public comment through October 12, 2018. The FTC finalized them in a 3-2 vote in April 2019.
FAQ
Where were Patriot Puck’s pucks made?
The FTC alleged they were wholly imported from China.
Did the companies pay money?
No. Commissioner Chopra noted that none of the three settlements included monetary relief.
What was the vote?
4-1, with Commissioner Rohit Chopra dissenting.
Source & credit
Source: FTC press release: “Hockey Puck Seller, Companies Selling Recreational and Outdoor Equipment Agree To Stop Making False ‘Made in USA’ Claims”, September 12, 2018.
Also: Concurring statement of Commissioner Slaughter; Statement of Commissioner Chopra; Federal Register: Patriot Puck; Analysis To Aid Public Comment.