Legal Library: Cases and Proceedings

Home products company Williams-Sonoma will be required to pay a record civil penalty of $3.175 million for violating a 2020 Federal Trade Commission order requiring the retailer to tell the truth about whether the products it sells are Made in USA.

In a complaint filed by the Department of Justice upon notification and referral from the FTC, the agency charges that Williams-Sonoma listed multiple products for sale as being “Made in USA” when in fact they were made in China and other countries. The company has agreed to a settlement that requires them to pay the civil penalty, which is the largest ever in a Made in USA case.

Tractor maker Kubota North America Corporation will pay a $2 million civil penalty as a result of a Federal Trade Commission action against the company for falsely labeling some of its replacement parts as being “Made in USA.”

Under a stipulated court order filed by the Department of Justice on the FTC’s behalf and agreed to by the company, Kubota will be prohibited from making deceptive claims in addition to requiring them to pay the penalty, which is the largest ever in a Made in USA case.

The Federal Trade Commission is taking action against Florida-based ExotoUSA LLC. (d/b/a Old Southern Brass) for falsely claiming that certain company products were manufactured in the U.S, and that the company was veteran-operated and donated 10 percent of its sales to military service charities.

The FTC’s proposed order would stop the company and its owner, Austin Oliver, from making these deceptive claims and require them to pay a monetary judgment.

According to the FTC’s complaint, Old Southern Brass made many claims on its website and advertising that the products it sold were made in the United States.

The Federal Trade Commission has taken action against a group of Massachusetts- and New Hampshire-based clothing accessories companies, along with their owner, Thomas Bates, for falsely claiming that certain company products were manufactured in the U.S. The FTC’s order stops the companies and Bates from making deceptive claims about products being “Made in USA” and requires them to pay a monetary judgment.

Resident Home LLC and owner Ran Reske paid $753,000 to settle FTC charges that they made false, misleading, or unsupported advertising claims that their imported DreamCloud mattresses were made from 100% USA-made materials. According to the complaint, although the company and Reske repeatedly claimed in promotional literature that their mattresses were “proudly made with 100 percent USA-made premium quality materials,” all DreamCloud mattresses were finished overseas, and in some cases were wholly imported or used significant imported materials.  On June 14, 2022, the Commission announced the final consent agreement in this matter.

On March 30, 2023, the FTC began sending payments totaling nearly $45,000 to consumers who purchased DreamCloud mattresses sold by Resident Home, LLC, the parent company of Nectar Sleep, which used misleading “Made in USA” claims to pitch its products to consumers. 

In the next few months, the FTC will be contacting an additional 12,300 consumers who bought DreamCloud mattresses and may be eligible for a payment. Consumers who believe that they may be eligible and want more information about the claims process can contact the administrator, JND Legal Administration, at 844-798-0740.