UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

Division of Enforcement
Bureau of Consumer Protection

Mr. James Coxworth
President
In The Swim
320 Industrial Drive
West Chicago, IL 60185

Dear Mr. Coxworth:

The staff of the Federal Trade Commission ("FTC") has conducted an investigation involving an allegation that In The Swim violated the FTC's "all or virtually all" standard for domestic country-of-origin claims and Section 5 of the Federal Trade Commission Act.

The staff received a complaint that In The Swim advertised outdoor pool covers with claims that the pool covers are "American" and "American-Made," but that the pool covers are made in Canada. In The Swim stated that it intended the claim to mean "North America" in order to distinguish its products from its competitors, which it said mostly manufactured pool covers outside North America. In The Swim, however, volunteered to revise all its advertising and labeling of products made in Canada to state that they are "Made in Canada" or "Made in North America."

The staff has concluded that no further action is warranted by the Commission at this time. Accordingly, the investigation has been closed. This action is not to be construed as a determination that a violation may not have occurred, just as the pendency of an investigation should not be construed as a determination that a violation has occurred. The Commission reserves the right to take such further action as the public interest may require.

Sincerely,

Elaine D. Kolish
Associate Director