DISSENTING STATEMENT OF COMMISSIONER ROSCOE B. STAREK, III

IN THE MATTER OF

HYDE ATHLETIC INDUSTRIES, INC., FILE NO. 922-3236

I would have preferred to have accepted the original consent agreement rejected by the Commission last fall. As I have consistently stated, case-by-case enforcement -- rather than a regulatory proceeding -- is the appropriate means to evaluate the "Made in USA" standard.⁽¹⁾ Since a majority of the Commission has opted to conduct a broad review of the "Made in USA" standard, however, it is premature for the Commission to condone use of the Made in USA claims set forth in the safe harbor until it proclaims what the standard is.

1. See Request for Public Comment in Preparation for Public Workshop Regarding "Made in USA" Claims in Product Advertising and Labeling, 60 FR 53923, 53930 (October 18, 1995) (Dissenting Statement of Commissioner Roscoe B. Starek, III); Hyde Athletic Industries, Inc., File No. 922-3236 (Dissenting Statement of Commissioner Roscoe B. Starek, III).