
Using ‘Made in the USA’ in Your Marketing? Read This Before the FTC Reads You
INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.
Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Tamara Kurtzman.
The Tamara Kurtzman Commentaries
As the topic of tariffs dominates conversation around boardrooms around the globe, more and more consumers may be checking labels for products “Made in USA”. The coveted “Made in USA” label, however, is a very specific standard and is highly regulated. In 2021, the FTC finalized its Made in USA Labeling Rule, which explains that for a product to be called Made in USA, or claimed to be of domestic origin without qualifications or limits on the claim, the product must be “all or virtually all” made in the U.S. “All or virtually all” means that 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. That is, the product should contain no—or negligible—foreign content.
Recently, a jury in the Central District of California awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc., among other things, made a false misrepresentation by labeling its tea products as “Manufactured in the USA 100% American Family Owned” when the company’s black, green, and oolong teas were actually grown and processed overseas. Specifically, the action alleged that although Bigelow’s tea bags are manufactured in the United States and Bigelow owns a tea plantation in the United States, all of the tea is grown and processed overseas. The court ruled that the statement “Manufactured in the USA” was false because the tea leaves undergo processing outside the United States that transforms them from raw unconsumable leaves into a consumable tea. The court also ruled that because the California legislature has prohibited false or misleading U.S. origin claims, the false representation was material. This case serves as an important reminder of the complicated “Made in USA” requirements and the importance of complying with them to minimize risk.
Ms. Kurtzman received her undergraduate degree from the University of Chicago, with honors, and subsequently graduated cum laude from Case Western Reserve University School of Law where she received her juris doctor. While attending Case Western Reserve University School of Law, Ms. Kurtzman served as both an associate member and, subsequently, as Editor-In-Chief of The Internet Law Journal.
Before founding TMK, Ms. Kurtzman served as a partner in a California general-practice law firm specializing in corporate representation where she co-chaired, among other divisions, both the firm’s commercial contracts and litigation practices. Ms. Kurtzman has been featured in:
- The Wall Street Journal
- The Los Angeles Business Journal
- Bloomberg News
- Law360
- The Daily Journal
- Los Angeles Lawyer
- Inside Counsel
- Westlaw’s Sports & Entertainment Journal
- The Beverly Hills Courier
- Backstage
- The ABA Journal
- The Hollywood Times
- Business Law Today
- The Journal of Internet Law
- Corporate Counselor
- Price of Business
In 2012, Ms. Kurtzman was named one of 50 attorneys on the “Fast Track” to becoming the country’s top lawyers and leaders. In 2013, Ms. Kurtzman was inducted into the Beverly Hills Bar Association’s Order of Distinguished Attorneys. In 2017-2021, each year Ms. Kurtzman was selected to SuperLawyer’s Southern California Rising Stars list; each year, less than 3% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Also in 2019, Ms. Kurtzman was named one of the Up-and-Coming 50 Women Southern California Rising Stars by SuperLawyers. In 2015, Ms. Kurtzman became one of the youngest adjunct law professors in the state and, over the years, Ms. Kurtzman has taught pretrial litigation practice and business organizations to numerous classes of law school students. In both 2023 and 2024, Ms. Kurtzman was selected to SuperLawyer’s Southern California Super Lawyer list which recognizes the top 5% of attorneys in each state.
Born and raised in Los Angeles, California, in her spare time Ms. Kurtzman practices Krav Maga and is an avid sabre fencer and bagpiper. Ms. Kurtzman also serves on the Board of American Family Housing, an organization providing long-term housing solutions for formerly homeless veterans and families.
Learn more at www.tmkattorneys.com.
Connect with Tamara Kurtzman on social media:
LinkedIn: https://www.linkedin.com/in/tamara-kurtzman-2b540615