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 

July 18, 2019 

VIA EMAIL 

Raymond P. Wendolowski, Esq. 

Fellerman & Ciarimboli 

183 Market St. 

Kingston, PA 18704 

Dear Mr. Wendolowski: 

We received your submissions on behalf of Golden Brothers, Inc., d/b/a Golden 

Technologies Inc. (“Golden Technologies” or the “Company”). During our review, we 

discussed concerns that marketing materials may have overstated the extent to which Golden 

Technologies products are made in the United States. Specifically, although the Company 

assembles many of its lift chairs in the United States, those chairs incorporate a mix of imported 

and domestic components. Additionally, Golden Technologies sells wholly imported products, 

including mobility scooters and its “Siesta” chair. 

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

that products are “Made” or “Built” in the USA, or “Made by Americans” – 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, Golden Technologies implemented a remedial action plan 

to update its representations. This plan included: (1) removing unqualified U.S.-origin claims 

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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from marketing materials; (2) introducing qualified claims, where appropriate; (3) updating 

Google Ads; (4) training sales, customer service, technical service, and accounts payable teams; 

and (5) making diligent efforts to ensure the accuracy of retailer claims, including by sending 

several rounds of emails and letters, requiring signed declarations confirming retailers updated 

materials, independently monitoring compliance, and suspending noncompliant retailers.2 

As discussed, it is appropriate for the Company to promote the fact that it employs 

workers and performs certain processes in the United States. However, marketing materials 

should not overstate the extent to which Golden Technologies’ products are made in the United 

States, and should clearly differentiate U.S.-assembled products from wholly imported products. 

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 Golden Technologies’ 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

 We understand that the Company has confirmed compliance among retailers responsible for the 

vast majority of revenue generated to date in 2019. The Company has sent letters suspending 

noncompliant accounts, and continues to work diligently to monitor and confirm retailer 

compliance. 

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