Policies & IssuesFeb 02, 2022
Jewelers Using Payment Apps Should Know This New Tax RulePolicies & IssuesApr 21, 2022
FTC Looking to Levy First Fine Under New ‘Made in USA’ Rules
It has brought a complaint against a battery maker labeling its products as “Made in U.S.A” when some parts allegedly come from China.
Stock image
Washington, D.C.—The Federal Trade Commission is looking to issue its first fine under the new rules regarding when products can be labeled, marketed, and sold as “Made in the U.S.A.”
The FTC announced last week it has brought a complaint against a company called Lithionics Battery LLC and its founder, owner, and general manager, Steven Tartaglia.
Based in Clearwater, Florida, Lithionics designs and sells batteries and battery accessories for boats as well as recreational and low-speed electric vehicles.
In the complaint, the FTC alleges the company labeled its products with an American flag surrounded by the words “MADE IN U.S.A,” with some product packaging also displaying the statement “Proudly Designed and Built in USA.”
The company used this label and similar origin claims on its website and social media platforms, including in YouTube videos. It also published a chart in its marketing materials highlighting the “advantages” of its products over “imports,” the complaint states.
However, the lithium ion cells the company used were made in China and its battery management systems “incorporate significant other imported components,” the FTC alleges, in violation of the new Made in the USA Labeling Rule.
The attorney listed in court documents as representing Lithionics and Tartaglia, John Dicks II of Akerman LLP, did not respond to an email and voice message left Wednesday seeking comment on the case.
Related stories will be right here …
The FTC announced last week it has brought a complaint against a company called Lithionics Battery LLC and its founder, owner, and general manager, Steven Tartaglia.
Based in Clearwater, Florida, Lithionics designs and sells batteries and battery accessories for boats as well as recreational and low-speed electric vehicles.
In the complaint, the FTC alleges the company labeled its products with an American flag surrounded by the words “MADE IN U.S.A,” with some product packaging also displaying the statement “Proudly Designed and Built in USA.”
The company used this label and similar origin claims on its website and social media platforms, including in YouTube videos. It also published a chart in its marketing materials highlighting the “advantages” of its products over “imports,” the complaint states.
However, the lithium ion cells the company used were made in China and its battery management systems “incorporate significant other imported components,” the FTC alleges, in violation of the new Made in the USA Labeling Rule.
The attorney listed in court documents as representing Lithionics and Tartaglia, John Dicks II of Akerman LLP, did not respond to an email and voice message left Wednesday seeking comment on the case.
Under the Made in the USA Labeling Rule, which went into effect in August 2021, it is considered unfair or deceptive to label any product as Made in the United States unless “the final assembly or processing of the product occurs in the United States, all significant processing that goes into the product occurs in the United States, and all or virtually all ingredients or components of the product are made and sourced in the United States,” per the FTC.
An FTC official clarified that the commission has issued decisions and orders on “Made in USA” claims since the 1940s.
What the labeling rule did was codify the established principle that when consumers see claims of “Made in the USA,” “American made,” etc., they believe that no more than a de minimis amount of the product is of foreign origin.
In the Lithionics case, the FTC wants the court to levy a civil penalty of a little over $105,000, three times its profits attributed to “illegal” activity. It also wants the court to prohibit Lithionics from making “unqualified” U.S. origin claims going forward.
The FTC referred the complaint to the U.S. Department of Justice, which filed it and the proposed settlement in a Florida federal court on the FTC’s behalf.
It is up to a federal judge to decide if or when to sign the settlement.
For additional guidance on the standards that must be met to claim that a product is “Made in the USA,” visit the FTC website.
More on Policies & Issues
The Latest
GradingMay 26, 2023
State of the Diamond Industry: AI and the Future of Diamond GradingGemologists have long used machines in diamond grading but technology has made it possible for them to “learn” how to do it on their own.
Recorded WebinarsMay 26, 2023
Watch: Diamond Cut Quality: The Final Frontier Part 2Supplier Spotlight Sponsored by IGI
Recorded WebinarsMay 26, 2023
Natural and Lab-Grown Diamonds: What It’s Like to Sell Both Watch retailers Jeffery Bolling and Bobby Bengivengo discuss employee training, customer education and the sticky subject of future value.
Brought to you by
The Next Step for GIA Diamond ReportsThe most trusted diamond report, available in print or the GIA App.
FinancialsMay 26, 2023
Movado Sales Slip in Q1 Amid Inflation Woes, Tough CompsThe company has plans to revamp the Movado brand and offer less expensive watches this year.
Weekly QuizMay 25, 2023
This Week’s QuizTest your jewelry news knowledge with this short test.
AuctionsMay 26, 2023
Piece of the Week: A Bulgari Sapphire and Diamond NecklaceSet with a 118-carat unheated Sri Lankan sapphire, it just sold for $3.4 million at Phillips jewelry auction in Hong Kong.
Supplier BulletinMay 25, 2023
RAE Fine Jewelry Collection Debuting at JCK Luxury 2023Sponsored by Noam Carver
Brought to you by
Beyond Borders: Crucial Factors in Colored Stone Origin DeterminationNavigate origin determination with Continuing Education seminars offered by the GIA Alumni Collective™.
TechnologyMay 25, 2023
State of Retail: Why Jewelers Need to Invest in Cybersecurity NowAs cybercrime incidents threaten the industry, jewelers need to know what they’re up against and the best ways to protect their businesses.
IndependentsMay 25, 2023
Louis Anthony Jewelers Is Remodeling and ExpandingThe Pittsburgh jeweler is redoing the lighting and showcases, and adding a full hospitality bar as well as new shop-in-shops.
SourcingMay 25, 2023
David Yurman Unveils Quartz Exhibition at AMNH The Yurman Family Crystalline Pass is inside the museum’s brand-new Richard Gilder Center.
MajorsMay 25, 2023
Stanley Zale Joins Hill & Co. as Principal Consultant Zale has more than 40 years’ experience in the diamond industry, including 17 years as Stuller’s VP of diamonds and gemstones procurement.
Events & AwardsMay 24, 2023
New To-Dos in Las Vegas During Jewelry Market Week 2023The Strip is full of new restaurant and entertainment offerings.
TrendsMay 24, 2023
State of Design: The Jewelry Design Trends to Know NowNational Jeweler’s senior editor covering fashion, trends, and design highlights the latest looks in the market.
EditorsMay 24, 2023
How Jewelers Can Make the Most of ChatGPTFrom what ChatGPT is to how to use it, this is the explainer tailored to jewelers.
AuctionsMay 23, 2023
Christie’s to Auction 127-Carat ‘Light of Peace’ DiamondThe D-color, internally flawless, Type IIa stone will be offered without reserve.
ColumnistsMay 23, 2023
Squirrel Spotting: The Case of the Pricey Repair When it comes to pricing jewelry repairs, you should start by asking a simple question about the piece at hand, Peter Smith writes.
IndependentsMay 23, 2023
Pat Henneberry Joins VeerThe industry veteran will serve as the diamond jewelry supplier’s head of business development.
MajorsMay 23, 2023
Bruce Rubin Joins Frederick GoldmanHe is the company’s new senior vice president of sales and business development.
MajorsMay 23, 2023
New Approach School for Jewelers Announces Gemvision PartnershipThe Tennessee school’s CAD Academy is now offering training in Gemvision’s MatrixGold software.
GradingMay 22, 2023
Blackstone Officially Inks Deal to Acquire IGIBlackstone is buying the 80 percent stake in the lab owned by a Chinese company as well as the 20 percent held by the Lorie family.
SourcingMay 22, 2023
State of the Colored Stone Market: Dropping Some Valuable GemsIn a collection of Q&As, key players give insight on supply, demand, the importance of origin, and whether the “Color of the Year” matters.
SourcingMay 22, 2023
De Beers Consolidates Auctions as Diamond Sales Lose Steam The company confirmed it will be combining the auctions for the fifth and sixth sales cycles into one.
MajorsMay 22, 2023
Stuller Promotes Four Employees Amid Organizational UpdateAmong other changes, Stanley Zale, the former vice president of diamonds and gemstones, is leaving the company after 17 years.
MajorsMay 22, 2023
AGS Confirms Members of 2023-2024 Board of DirectorsOne new addition was announced at the Conclave membership breakfast.
AuctionsMay 19, 2023
It’s a White-Glove Sale for JAR Jewels at Christie’sThe 28-piece collection is the largest to be offered at auction.
GradingMay 19, 2023
Report: Blackstone to Buy IGI for Up to $550MThe deal could be signed as early as this weekend, according to a report by The Economic Times.
