STIPULATED ORDER FOR 

V, PERMANENT INJUNCTION, CIVIL 

PENALTY JUDGMENT, AND 

KUBOTA NORTH AMERICA OTHER RELIEF 

CORPORATION, a corporation, also 

d/b/a KUBOTA ENGINE 

CORPORATION, KUBOTA TRACTOR 

CORPORATION, KUBOTA 

MANUFACTURING OF AMERICA 

CORPORATION, KUBOTA 

INDUSTRIAL EQUIPMENT 

CORPORATION, and GREAT PLAINS 

MANUFACTURING 

IN CORPORA TED/LAND PRIDE, 

Defendant. 

United States of America, acting upon notification and referral to the Plaintiff, the 

Attorney General by the Federal Trade Commission ("Commission" or "FTC"), filed its 

and Other Relief ("Complaint") Complaint for Permanent Injunction, Civil Penalty Judgment, 

pursuant to Sections 13(b), 19, and 16(a)(l) of the Federal Trade Commission Act ("FTC Act"), 

has waived service of the summons and the 15 U.S.C. §§ 53(b), 57b, and 56(a)(l). Defendant 

Complaint. Plaintiff and Defendant stipulate to the entry of this Stipulated Order for Permanent 

Relief ("Order") to resolve all matters in dispute Injunction, Civil Penalty Judgment, and Other 

in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

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in US

except as Defendant neither admits nor denies any of the allegations in the Complaint, 3. 

of this action, Defendant admits the facts specifically stated in this Order. Only for purposes 

necessary to establish jurisdiction. 

4. Defendant waives any claim that it may have under the Equal Access to Justice Act, 28 

prosecution of this action through the date of this Order, and U.S.C. § 2412, concerning the 

agrees to bear its own costs and attorney fees. 

the or otherwise challenge or contest 5. Defendant and Plaintiff waive all rights to appeal 

validity of this Order. 

DEFINITIONS 

For the purpose of this Order, the following definitions apply: 

means required disclosure is difficult that a to miss A. "Clear(ly) and conspicuous(ly)" 

(i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of the 

following ways: 

that is solely visual or solely audible, the disclosure must 1. In any communication 

which be made through the same means through the communication is presented. In any 

as a television communication made through both visual and audible means, such 

advertisement, the disclosure must be presented simultaneously in both the visual and 

the even if the representation requiring disclosure audible portions of the communication 

is made in only one means. 

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cadence sufficient for ordinary consumers to easily delivered in a volume, speed, and 

hear and understand it. 

In any communication using an interactive electronic medium, such as the 4. 

Internet or software, the disclosure must be unavoidable. 

label, the disclosure must be presented on the principal display 5. On a product 

panel. 

ordinary 6. The must use diction and syntax understandable to consumers disclosure 

which the representation that requires the disclosure and must appear in each language in 

appears. 

7. The disclosure must comply with these requirements in each medium through 

devices and face-to-face communications. which it is received, including all electronic 

8. The disclosure must not be contradicted or mitigated by, or inconsistent with, 

anything else in the communication. 

such as When the representation or sales practice targets a specific audience, 9. 

children, the elderly, or the terminally ill, "ordinary consumers" includes reasonable 

members of that group. 

Corporation, also doing business as Kubota B. "Defendant" means Kubota North America 

Engine Corporation, Kubota Tractor Corporation, Kubota Manufacturing of America 

Manufacturing Corporation, Kubota Equipment Corporation, and Great Plains Industrial 

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p

or service is "made," "manufactured," "built," "produced," to, a representation that such product 

in the United States or in America, or any other U.S.-origin claim. or "crafted" 

ORDER 

I. 

PROHIBITION AGAINST MISREPRESENTATIONS 

REGARDING MADE IN USA CLAIMS 

that Defendant, Defendant's officers, agents, employees, and attorneys, IT IS ORDERED 

and all other persons in active concert or participation with any of them, who receive actual 

directly or indirectly, in connection with promoting or notice of this Order, whether acting 

offering for sale any good or service are permanently restrained and enjoined from 

or misrepresenting or assisting others in misrepresenting, expressly or by implication, that a good 

service is Made in the United States unless: 

United States, all A. The final assembly or processing of the good or service occurs in the 

States, and all or significant processing that goes into the good or service occurs in the United 

virtually all ingredients or components of the good or service are made and sourced in the United 

States; or 

qualification appears immediately adjacent to the B. A Clear and Conspicuous 

representation that accurately conveys the extent to which the good or service contains foreign 

parts, ingredients or components, and/or processing; or 

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PROIDBITION AGAINST MISLEADING OR 

UNSUBSTANTIATED COUNTRY-OF-ORIGIN 

REPRESENTATIONS 

IT IS FURTHER ORDERED that Defendant, Defendant's officers, agents, employees, 

or participation with any of them, who and attorneys, and all other persons in active concert 

receive actual notice of this Order, whether acting directly or indirectly, in connection with the 

permanently restrained and enjoined from making any sale of any good or service, are 

representation, expressly or by implication, regarding the country of origin of any product or 

representation is non-misleading, including that, at the time such service unless the 

representation is made, Defendant possesses and relies upon a reasonable basis for the 

representation. 

III. 

MONETARY JUDGMENT FOR CIVIL PENAL TY 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of $2,000,000 is entered in favor of Plaintiff against the 

Defendant as a civil penalty. 

is ordered to pay to Plaintiff, by making payment to the Treasurer of the B. Defendant 

undersigned States, $2,000,000, which, as Defendant stipulates, its counsel holds in United 

payment must be made within 7 escrow for no purpose other than payment to Plaintiff. Such 

Order by electronic fund transfer in accordance with instructions to be days of entry of this 

Order. provided by a representative of Plaintiff upon the entry of this 

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may not seek the return of any assets. assets transferred pursuant to this Order and 

any B. The facts alleged in the Complaint will be taken as true, without further proof, in 

litigation by or on behalf of the Commission, including in a proceeding to subsequent civil 

or monetary judgment pursuant to this Order. enforce its rights to any payment 

C. Defendant acknowledges that its Taxpayer Identification Numbers (Employer 

the Commission, may be used for must submit Identification Numbers), which Defendant to 

collecting and reporting on any delinquent amount arising out of this Order, in accordance with 

31 u.s.c. § 7701. 

v. 

ORDER ACKNOWLEDGMENTS 

obtain acknowledgments of receipt of this Defendant IT IS FURTHER ORDERED that 

Order: 

days of entry of this Order, must submit to the Commission an A. Defendant, within 7 

acknowledgment of receipt of this Order sworn under penalty of perjury. 

of this Order, Defendant must deliver a copy of this Order to: B. For 5 years after entry 

(2) all employees having principals, officers, directors, and LLC managers and members; (1) all 

the Order and all agents managerial responsibilities for conduct related to the subject matter of 

matter and representatives participate in conduct related to the subject of the Order; and who 

structure as set forth in the Section titled (3) any business entity resulting from any change in 

Compliance Reporting. Delivery must occur within 7 days of entry of this Order for current 

responsibilities. personnel. For all delivery must occur before they assume their others, 

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COMPLIANCE REPORTING 

that Defendant make timely submissions to the IT IS FURTHER ORDERED 

Commission: 

report, A. One year after entry this Order, Defendant must submit a compliance sworn of 

and email penalty of perjury. Defendant must: (a) identify the primary physical, postal, under 

contact, which representatives of the telephone points address and number, as designated of 

Commission and Plaintiff may use to communicate with Defendant; (b) identify all of 

their names, telephone numbers, and physical, postal, email, and Defendant's businesses by all of 

goods Internet addresses; (c) the activities of each business, including the and services describe 

marketing, and sales; (d) describe in detail whether and offered, and the means of advertising, 

Section of this Order; and ( e) provide a copy of each is each how Defendant in compliance with 

Order Acknowledgment obtained pursuant to this Order, unless previously submitted to the 

Commission. 

sworn entry of this Order, Defendant must submit a compliance notice, B. For 20 years after 

any designated point penalty of perjury, within 14 days of any change in the following: (a) under 

or any entity that Defendant has any ownership of contact; or (b) the structure of Defendant 

affect interest or controls directly or indirectly that may compliance obligations arising under in 

entity or any subsidiary, this Order, including: creation, merger, sale, or dissolution of the 

engages in any acts or practices subject to this Order. parent, or affiliate that 

petition, C. Defendant must submit to the notice of the filing of any bankruptcy Commission 

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under penalty of perjury under the la

declare 

signatory's full foregoing is true and correct. Executed on: __ " and supplying the date, 

name, title (if applicable), and signature. 

writing, all submissions to Unless otherwise directed by a Commission representative in E. 

emailed to DEbrief@ftc.gov or sent by overnight the Commission pursuant to this Order must be 

Associate Director for Enforcement, Bureau of courier (not the U.S. Postal Service) to: 

Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, 

Corp. 20580. The subject line must begin: U.S. v. Kubota North America DC 

VII. 

RECORDKEEPING 

for IT FURTHER ORDERED that Defendant must create certain records 20 years IS 

for 5 years. Specifically, for any business after entry each such record of the Order, and retain 

owner or controls directly or indirectly, Defendant must create and that Defendant is a majority 

retain the following records: 

sold; Accounting records showing the revenues from all goods or services A. 

services in relation to any aspect of B. Personnel records showing, for each person providing 

addresses; the Order, whether an employee or otherwise, that person's: name; telephone as 

for termination; numbers; job title or position; dates of service; and (if applicable) the reason 

requests concerning the subject matter of and C. Records of all consumer complaints refund 

as Order, whether received directly or indirectly, such through a third party, and any this 

response; and 

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compliance FURTHER ORDERED that, for the purpose of monitoring Defendant's IT IS 

Order: with this Order and any failure to transfer any assets as required by this 

or receipt of a written request from a representative of the Commission A. Within 14 days of 

Plaintiff, Defendant must: submit additional compliance reports or other requested information, 

depositions; and produce documents which must be sworn under penalty of perjury; appear for 

for inspection and copying. The Commission and Plaintiff are also authorized to obtain 

using any of the procedures prescribed by Federal discovery, without further leave of court, 

29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69. Rules of Civil Procedure 

this Order, the Commission and Plaintiff are authorized to B. For matters concerning 

communicate directly with Defendant. Defendant must permit representatives of the 

to interview any employee or other person affiliated with Defendant Commission and Plaintiff 

present. who has agreed to such interview. The person interviewed may have counsel an 

means, including posing, through C. The Commission and Plaintiff may use all other lawful 

entities, their representatives consumers, suppliers, or other individuals or to Defendant or any as 

of identification or prior individual or entity affiliated with Defendant, without the necessity 

notice. Nothing in this Order limits the Commission's lawful use of compulsory process, 

57b-1. pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 

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~ SO ORDERED ~ y 9 -,., • 7 ,202 this

/ 

~ - -

UNITED STATES DISTRICT JUDGE 

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Assistant Attorney General, Civil Division 

ARUNG.RAO 

Deputy Assistant Attorney General, Civil Division 

AMANDA H. LISKAMM 

Director, Consumer Protection Branch 

LISA K. HSIAO 

Assistant Director, Consumer Protection Branch 

01/22/2024 /s/ Sean Saper Date: 

SEAN Z. SAPER 

Trial Attorney 

Consumer Protection Branch 

U.S. Department of Justice 

P.O. Box386 

Washington, DC 20044-0386 

Telephone: 202-742-7116 

Email: sean.z.saper@usdoj.gov 

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McGuire Woods LLP 

888 16th Street N.W. 

Suite 500 

Black Lives Matter Plaza 

Washington, DC 20006 

Tel.: 202-857-1719 

Fax: 202:828-3339 

whsmith@mcguirewoods.com 

COUNSEL FOR KUBOTA NORTH AMERICA CORP. 

DEFENDANT KUBOTA NORTH AMERICA CORP. 

Date: __ 0'-t,.....,,/ (._~_o..i.:-1r'--

YUJIRO OKADA 

VICE PRESIDENT, KUBOTA NORTH AMERICA CORP. 

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