UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

WASHINGTON, D.C. 20580 

Bureau of Consumer Protection 

 Division of Enforcement 

 Julia Solomon Ensor 

 Attorney 

Email: jensor@ftc.gov 

Direct Dial: (202) 326-2377 

November 14, 2019 

VIA EMAIL 

George Paul, Esq. 

White & Case LLP 

701 Thirteenth Street, NW 

Washington, DC 20005-3807 

gpaul@whitecase.com 

Dear Mr. Paul: 

We received your submissions on behalf of Nevco, Inc. (“Nevco” or the “Company”). 

During our review, we raised concerns that certain marketing materials may have overstated the 

extent to which Nevco products are made in the United States. Specifically, although Nevco 

designs, assembles, finishes, installs, and supports LED scoreboards and video displays in the 

United States, those products incorporate significant imported inputs, including LEDs and 

computer hardware. 

As discussed, unqualified U.S.-origin claims in marketing materials – including claims 

that products are “Made,” “Built,” or “Manufactured” in the USA – likely suggest to consumers 

that all products advertised in those materials are “all or virtually all” made in the United States.1 

Furthermore, the FTC’s Enforcement Policy Statement on “Made in USA” and Other U.S. 

Origin Claims explains that “‘Assembled in USA’ claims should be limited to those instances 

where the product has undergone its principal assembly in the United States and that assembly is 

substantial. In addition, a product should be last substantially transformed in the United States to 

properly use an ‘Assembled in USA’ claim.”2 

Accordingly, to avoid deceiving consumers, Nevco implemented a remedial action plan 

to clarify its representations. The plan included: (1) removing unqualified claims from all 

1

 Federal Trade Commission, Issuance of Enforcement Policy Statement on “Made in USA” and 

Other U.S. Origin Claims, 62 Fed. Reg. 63756, 63768 (Dec. 2, 1997). Additionally, beyond 

express “Made in USA” claims, “[d]epending on the context, U.S. symbols or geographic 

references, such as U.S. flags, outlines of U.S. maps, or references to U.S. locations of 

headquarters or factories, may, by themselves or in conjunction with other phrases or images, 

convey a claim of U.S. origin.” Id. 

2 Id. at 63770. 

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marketing materials; (2) introducing qualified claims, where appropriate; and (3) training 

relevant employees. 

As discussed, it is appropriate for Nevco to promote the fact that it employs workers and 

performs certain processes in the United States, provided that marketing materials do not 

overstate the extent to which Company products are made in the United States. As you know, 

FTC staff is available to work with companies to craft qualified claims that serve the dual 

purposes of conveying non-deceptive information to consumers and highlighting work done in 

the United States. 

Based on Nevco’s actions and other factors, the staff has decided not to pursue this 

investigation any further. This action should not be construed as a determination that there was 

no violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45. The 

Commission reserves the right to take such further action as the public interest may require. If 

you have any questions, you can reach me at (202) 326-2377. 

 Sincerely,

 Julia Solomon Ensor

 Staff Attorney 

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