UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
Division of Enforcement
Bureau of Consumer Protection
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Mr. Timothy C. Brown
President, Chief Executive Officer
Thomas Industries, Inc.
4360 Brownsboro Road
Suite 300
Louisville, Kentucky 40232
| Re: | Thomas Industries, Inc. File Number 982 3529 |
Dear Mr. Brown:
The Division of Enforcement staff has conducted an investigation involving an allegation that Thomas Outdoor Lighting ("Thomas") has violated the Federal Trade Commission's "all or virtually all" standard for domestic country of origin claims and Section 5 of the Federal Trade Commission Act.
Because of a misunderstanding regarding the requirements of the Buy American Act, certain imported Thomas light fixtures labeled with their foreign country of origin were improperly labeled as "Made in USA." This improper labeling was limited to very few shipments, and the total sales resulting from the mislabeled fixtures was relatively small. Moreover, Thomas has assured staff that the company has taken appropriate steps to ensure that no mislabeling will occur in the future.
The staff has concluded that no compliance action against Thomas is indicated at this time. 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
| cc: | Mr. Timothy J. Waters McDermott, Will & Emery 600 13th Street, N.W. Washington, D.C. 20005-3096 |