1 

 1323156

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Edith Ramirez, Chairwoman 

Julie Brill 

Maureen K. Ohlhausen 

Joshua D. Wright 

____________________________________ 

 ) 

In the Matter of ) 

 ) 

E.K. Ekcessories, Inc., ) Docket No. 

a corporation ) 

 ) 

COMPLAINT

 The Federal Trade Commission, having reason to believe that E.K. Ekcessories, 

Inc. (“Respondent”), a corporation, has violated the provisions of the Federal Trade 

Commission Act, and it appearing to the Commission that this proceeding is in the public 

interest, alleges: 

 

1. Respondent E.K. Ekcessories, Inc. (“EK”), is a Utah corporation with its principal 

office or place of business at 575 West 3200 South, Logan, Utah 84321. 

2. Respondent has advertised, labeled, offered for sale, and distributed products to 

consumers, including, but not limited to, outdoor equipment such as waterproof iPhone 

accessories, eyewear retainers, bottle holders, lens cleaners, ID and credential holders, 

dog collars and leashes, and tie-downs and tow straps (“Ekcessories”). Respondent 

advertises these products on its website, www.ekusa.com, and offers for sale, sells, and 

distributes them directly to the public throughout the United States. 

3. Respondent provides third parties with marketing materials for use in the 

marketing and sale of Respondent’s Ekcessories. 

4. The acts and practices of Respondent alleged in this Complaint have been in or 

affecting commerce, as “commerce” is defined in Section 4 of the Federal Trade 

Commission Act. 

5. Respondent has disseminated or has caused to be disseminated advertisements, 

packaging, and promotional materials for Ekcessories, including, but not necessarily 

limited to, the attached Exhibits A through F. These materials contain the following 

statements:
2 

A. “Truly Made in the USA”;

 

(Exhibit A, iBob product packaging; Exhibit B, iCat Hang It product 

packaging; Exhibit C, www.ekusa.com homepage)

B. “For 28 years E.K. Ekcessories has been producing superior quality made 

accessories in our 60,000 sq. ft facility in Logan, Utah”; 

(Exhibit C, www.ekusa.com homepage).

C. “[O]ur source of pride and satisfaction abounds from a true ‘Made in 

USA’ product.”

(Exhibit D, EK Product Catalogue). 

D. “Made in the USA” 

(Exhibit D, EK Product Catalogue; Exhibit E, www.ekusa.com product 

pages; Exhibit F, “News” section of www.ekusa.com). 

6. In numerous instances, including but not limited to the promotional materials 

shown in Exhibits A-F, Respondent has represented that its products are made in the 

USA. 

7. In reality, Respondent’s products are not all made in the USA. 

COUNT I (False or Misleading Representation) 

8. Through the means described in Paragraphs 5 and 6, Respondent has represented, 

expressly or by implication, that each of its products is all or virtually all made in the 

United States.

9. In truth and in fact, in numerous instances, Respondent’s products were made 

outside the United States. Therefore, the representation set forth in Paragraph 8 is false 

or misleading. 
3 

COUNT II (Unsubstantiated Representation) 

10. Through the means described in Paragraphs 5 and 6, in numerous instances, 

Respondent has represented, expressly or by implication, that it possessed and relied 

upon a reasonable basis that substantiated the representation set forth in Paragraph 8. 

11. In truth and in fact, Respondent did not possess and rely upon a reasonable basis 

that substantiated the representation set forth in Paragraph 8, at the time the 

representation was made. Therefore, the representation set forth in Paragraph 10 is false 

or misleading. 

COUNT III (Means and Instrumentalities)

12. Respondent has distributed the promotional materials described in Paragraphs 5 

and 6 to third-party retailers for use in the marketing and sale of Respondent’s products. 

In so doing, Respondent has provided the means and instrumentalities to these third-party 

retailers for the commission of deceptive acts or practices. 

VIOLATION OF SECTION 5 

13. The acts and practices of Respondent, as alleged in this Complaint, constitute 

unfair or deceptive acts or practices in or affecting commerce in violation of Section 5(a) 

of the Federal Trade Commission Act. 

THEREFORE, the Federal Trade Commission, this ___ day of __________ 

2013, has issued this Complaint against Respondent. 

 

 By the Commission. 

 

 

SEAL: Donald S. Clark 

 Secretary