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Antitrust & Trade Reg.

Sep. 24, 2020

Bruce Springsteen may have been Born In The USA, but what about his Levi’s?

The Federal Trade Commission recently issued proposed rules for claiming products are “made” in the USA, and penalties under the news rules could have violators hiding on the Backstreets.

Amy P. Lally

Partner
Sidley Austin LLP

555 W 5th St
Los Angeles , CA 90013

Phone: (310) 595-9500

Email: alally@sidley.com

Georgetown Univ Law Ctr; Washington DC

Collin Wedel

Associate
Sidley Austin LLP

Email: cwedel@sidley.com

Colin is a member of the firm's Supreme Court and Appellate and Litigation practices. Collin regularly represents clients in the United States Supreme Court and throughout the federal and state appellate courts around the country, personally arguing several cases in the 9th Circuit and in state supreme and appellate courts.

The answer has long been “Dancing in the Dark.” In a new proposed rule, though, the Federal Trade Commission is aiming to clear up lingering confusion — with the threat of hefty fines for companies that get the answer wrong. On July 16, the FTC issued a notice of proposed rulemaking providing that a product can be represented as being “made” in the USA only where all three of the following conditions are true:

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