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 

October 1, 2019 

VIA EMAIL 

J.P. Brice, CEO 

Ironcompany.com Inc., d/b/a Iron Company 

7349 Milliken Ave # 140-332 

Rancho Cucamonga, CA 91730-7435 

Dear Mr. Brice: 

We received your submissions on behalf of Ironcompany.com Inc., d/b/a Iron Company 

(“Iron Company” or the “Company”). During our review, we discussed concerns that marketing 

materials may have overstated the extent to which the products Iron Company sells are made in 

the United States, when products featured in Company materials actually include a mix of made 

in USA, assembled in USA, and imported products. 

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 

The Commission may analyze a number of different factors to determine whether a product is 

“all or virtually all” made in the United States, including the proportion of the product’s total 

manufacturing costs attributable to U.S. parts and processing, how far removed any foreign 

content is from the finished product, and the importance of the foreign content or processing to 

the overall function of the product. 

To avoid deceiving consumers, Iron Company implemented a remedial action plan to 

clarify its representations. The plan included: (1) removing broad U.S.-origin claims from the 

Company website and social media profiles; (2) clarifying that only certain products sold are 

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. 

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made in the United States; and (3) verifying the origin of individual products. 

As discussed, to the extent Iron Company promotes its products to government 

purchasers, it is appropriate for the Company to make truthful claims that products meet the 

domestic manufacturing requirements of the Buy American Act (“BAA”), 41 U.S.C. §§ 8301-

8305.2 However, Iron Company should either: (1) limit such claims to marketing materials 

available only to government purchasers, or (2) qualify claims to avoid consumer deception. 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 Iron Company’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 

2

 BAA establishes price preferences for domestic end products and construction materials in 

government acquisitions, and defines those terms as they are used in that limited context. See 48 

CFR § 25.003 (stating that for purposes of BAA, “domestic end product[s]” and “domestic 

construction material[s]” include, among other things, certain manufactured products or 

materials where either the cost of the components mined, produced, or manufactured in the 

United States exceeds 50% of the cost of all components, or the product or material is a 

commercially available off-the-shelf item). 

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