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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

In the Matter of

MADE IN THE USA BRAND, LLC, a 

limited liability company.

FILE NO.: 142 3121

AGREEMENT CONTAINING

CONSENT ORDER

The Federal Trade Commission has conducted an investigation of certain acts and 

practices of Made in the USA Brand, LLC (“Proposed Respondent”). Proposed Respondent, 

having been represented by counsel, is willing to enter into this Agreement Containing a Consent 

Order (“Agreement”) resolving the allegations contained in the attached draft Complaint. 

Therefore,

IT IS HEREBY AGREED by and between Made in the USA Brand, LLC, by its duly 

authorized officers, and counsel for the Federal Trade Commission that:

1. Proposed Respondent Made in the USA Brand, LLC is an Ohio limited liability company 

with its principal office or place of business at 1398 Goodale Boulevard, Columbus, Ohio 43212.

2. Proposed Respondent waives:

a. Any further procedural steps;

b. The requirement that the Commission’s decision contain a statement of findings 

of fact and conclusions of law; 

c. All rights to seek judicial review or otherwise to challenge or contest the validity 

of the order entered pursuant to this Agreement; and

d. Any claim under the Equal Access to Justice Act.

3. This Agreement shall not become part of the public record of the proceeding unless and 

until it is accepted by the Commission. If this Agreement is accepted by the Commission, it, 

together with the draft Complaint, will be placed on the public record for a period of thirty (30) 

days and information about it publicly released. The Commission thereafter may either 

withdraw its acceptance of this Agreement and so notify Proposed Respondent, in which event it 

will take such action as it may consider appropriate, or issue, amend, and serve its complaint (in 

such form as the circumstances may require) and its Decision and Order in disposition of the 

proceeding.
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4. Proposed Respondent neither admits nor denies any of the allegations in the draft 

Complaint, except as specifically stated in this Order. Only for purposes of this action, Proposed 

Respondent admits the facts necessary to establish jurisdiction. 

5. This Agreement contemplates that, if it is accepted by the Commission, and, if such 

acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of 

Section 2.34 of the Commission’s Rules, the Commission may, without further notice to 

Proposed Respondent, (1) issue its Complaint corresponding in form and substance with the 

attached draft Complaint and its decision containing the following order in disposition of the 

proceeding, and (2) make information about it public.

6. When final, the Order shall have the same force and effect and may be altered, modified, 

or set aside in the same manner and within the same time provided by statute for other orders. 

The Order shall become final upon service. Delivery of the Complaint and the Order to 

Proposed Respondent by any means specified in Section 4.4(a) of the Commission’s Rules, 

including without limitation delivery to the Proposed Respondent’s address as stated in this 

Agreement or to an office within the United States of the counsel for Proposed Respondent 

identified on this Agreement, shall constitute service. Proposed Respondent waives any right it

may have to any other manner of service.

7. The Complaint may be used in construing the terms of the Order. No agreement, 

understanding, representation, or interpretation not contained in the Order or in the Agreement

may be used to vary or contradict the terms of the Decision and Order.

8. Proposed Respondent has read the draft Complaint and Order. Proposed Respondent 

understands that it may be liable for civil penalties in the amount provided by law and other 

appropriate relief for each violation of the Order after it becomes final.

ORDER

DEFINITIONS

For purposes of this order, the following definitions shall apply:

1. “Accreditation Standard” means any independently-developed and objectively-applied 

criteria Respondent sets for Covered Entities to meet in order to use Respondent’s Certification 

Mark, which substantiate the claim being made.

2. “Certification Mark” means any certification mark that Respondent has registered with 

the United States Patent and Trademark Office including, but not limited to, the following marks:

A.
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B.

3. “Clearly and prominently” shall mean as follows:

A. In an advertisement communicated through an electronic medium (such as 

television, video, radio, and interactive media such as the Internet and online services), the 

disclosure shall be presented simultaneously in both the audio and video portions of the 

advertisement. Provided, however, that in any advertisement presented solely through video or 

audio means, the disclosure may be made through the same means in which the ad is presented. 

The audio disclosure shall be delivered in a volume and cadence sufficient for an ordinary 

consumer to hear and comprehend it. The video disclosure shall be of a size and shade, and shall 

appear on the screen for a duration, sufficient for an ordinary consumer to read and comprehend 

it. In addition to the foregoing, in interactive media the disclosure shall also be unavoidable and 

shall be presented prior to the consumer incurring any financial obligation. 

B. In a print advertisement, promotional material, or instructional manual, the 

disclosure shall be in a type size and location sufficiently noticeable for an ordinary consumer to 

read and comprehend it, in print that contrasts with the background against which it appears. In 

multipage documents, the disclosure shall appear on the cover or first page.

C. On a product label, the disclosure shall be in a type size and location on the 

principal display panel sufficiently noticeable for an ordinary consumer to read and comprehend 

it, in print that contrasts with the background against which it appears.

The disclosure shall be in understandable language and syntax. Nothing contrary to, inconsistent 

with, or in mitigation of the disclosure shall be used in any advertisement or on any label.

4. “Commerce” means as defined in Section 4 of the Federal Trade Commission Act, 15 

U.S.C. § 44.

5. “Covered Entity” means any product, including any product line or group of products, or 

any company, group, or other association, that Respondent authorizes to use any of Respondent’s

Certification Marks, seals, logos, brands, or other marketing or promotional material.

6. “Independent and Objective Evaluation” means an audit or verification check, conducted 

by a party other than a Covered Entity with no Material Connection to a Covered Entity, to 

confirm that a Covered Entity complies with Respondent’s Accreditation Standard.

7. “Material Connection” shall mean any relationship that materially affects the weight or 

credibility of Respondent’s Certification Mark and that would not be reasonably expected by 

consumers, provided that a reasonable certification fee shall not constitute a Material 

Connection.
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8. “Respondent” means Made in the USA Brand, LLC, a limited liability company, and its 

successors and assigns.

I.

PROHIBITED MISREPRESENTATIONS

IT IS ORDERED that Respondent, Respondent’s officers, agents, servants, employees, 

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

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

marketing, promoting, offering for sale, or selling any product, good, or service, are permanently 

restrained and enjoined from representing, expressly or by implication, that a Covered Entity 

meets Respondent’s Accreditation Standard, unless: (1) an entity with no Material Connection to 

that Covered Entity has conducted an Independent and Objective Evaluation to confirm that the 

Covered Entity meets the Accreditation Standard; or (2) Respondent’s Certification Mark, seal, 

logo, brand, or any other promotional materials clearly and prominently disclose that Covered 

Entities may meet Respondent’s Accreditation Standard through self-certification.

II.

SUBSTANTIATION

IT IS FURTHER ORDERED that Respondent, Respondent’s officers, agents, servants, 

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

them, who receive actual notice of this Order, whether acting directly or indirectly, in connection 

with marketing, promoting, offering for sale, or selling any product, good, or service, shall not 

make any representation, in any manner, expressly or by implication, including but not limited to 

on Respondent’s website or other marketing material, regarding the country of origin of any 

Covered Entity unless: (1) the representation is true, not misleading, and at the time it is made, 

Respondent possesses and relies upon competent and reliable evidence to substantiate the 

representation; or (2) for representations made through use of Respondent’s Certification Mark,

the Mark, seal, logo, brand, or any other promotional materials clearly and prominently disclose 

that Covered Entities may meet Respondent’s Accreditation Standard through self-certification.

III.

MEANS AND INSTRUMENTALITIES

IT IS FURTHER ORDERED that Respondent, Respondent’s officers, agents, servants, 

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

them, who receive actual notice of this Order, whether acting directly or indirectly, in connection 

with promoting or offering for sale any product, good, or service, shall not provide to others the 

means and instrumentalities with which to make any representation prohibited by Part I above. 

For the purposes of this Part, “means and instrumentalities” means any information, including, 

but not necessarily limited to, any Certification Mark, advertising, labeling, promotional, sales 

training, or purported substantiation materials, for use by trade customers in their marketing of 

any Covered Entity.

IV.
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RECORDKEEPING

IT IS FURTHER ORDERED that Respondent shall, for five (5) years after the last date 

of dissemination of any Representation that includes or concerns any U.S.-origin claim, 

Respondent’s Certification Mark, or advertising or promotional materials that contain 

Respondent’s Certification Mark, maintain and upon request make available to the Federal Trade 

Commission for inspection and copying:

A. All advertisements and promotional materials containing the Representation;

B. All materials that were relied upon in disseminating the Representation;

C. All tests, reports, studies, surveys, demonstrations, or other evidence in their

possession or control that contradict, qualify, or call into question the

Representation, or the basis relied upon for the representation, including

complaints and other communications with consumers or with governmental or

consumer protection organizations; and

D. All signed and dated statements acknowledging receipt of the Order secured

pursuant to the Order Distribution provision of this Order

V.

ORDER DISTRIBUTION

IT IS FURTHER ORDERED that Respondent shall deliver a copy of this Order to all

current and future principals, officers, directors, and managers, and to all current and future

employees, agents, and representatives having responsibilities with respect to the subject matter

of this Order, and shall secure from each such person a signed and dated statement

acknowledging receipt of the Order. Respondent shall deliver this Order to current personnel

within thirty (30) days after the date of service of this Order, and to future personnel within thirty

(30) days after the person assumes such position or responsibilities.

VI.

NOTICE OF CORPORATE CHANGES

IT IS FURTHER ORDERED that Respondent shall notify the Commission at least

thirty (30) days prior to any change in the corporation(s) that may affect compliance obligations

arising under this Order, including but not limited to a dissolution, assignment, sale, merger, or

other action that would result in the emergence of a successor corporation; the creation or

dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this

Order; the proposed filing of a bankruptcy petition; or a change in the corporate name or address.

Provided, however, that, with respect to any proposed change in the corporation about which

Respondent learns less than thirty (30) days prior to the date such action is to take place,

Respondent shall notify the Commission as soon as is practicable after obtaining such

knowledge. Unless otherwise directed by a representative of the Commission in writing, all

notices required by this Part shall be emailed to Debrief@ftc.gov or sent by overnight courier
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(not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of Consumer

Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, D.C.

20580. The subject line must begin: “In re Made in the USA Brand, LLC, File No. ________.”

VII.

COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Respondent, within sixty (60) days after the date of

service of this Order, shall file with the Commission a true and accurate report, in writing, setting 

forth in detail the manner and form of its compliance with this Order. Within ten (10) days of 

receipt of written notice from a representative of the Commission, it shall submit additional true 

and accurate written reports.

VIII.

ORDER TERMINATION

This order will terminate twenty (20) years from the date of its issuance, or twenty (20)

years from the most recent date that the United States or the Federal Trade Commission files a

Complaint (with or without an accompanying consent decree) in federal court alleging any

violation of the order, whichever comes later; provided, however, that the filing of such a

Complaint will not affect the duration of:

A. Any Part in this Order that terminates in less than twenty (20) years;

B. This Order’s application to any respondent that is not named as a defendant in

such complaint; and

C. This Order if such complaint is filed after the order has terminated pursuant to this

Part.

Provided, further, that if such complaint is dismissed or a federal court rules that Respondent did

not violate any provision of the Order, and the dismissal or ruling is either not appealed or

upheld on appeal, then the Order will terminate according to this Part as though the complaint

had never been filed, except that the Order will not terminate between the date such complaint is

filed and the later of the deadline for appealing such dismissal or ruling and the date such

dismissal or ruling is upheld on appeal.
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Signed this __________ day of __________, 2014.

MADE IN THE USA BRAND, LLC

By: _________________________ ___________

Marcie Gabor Date

President

Made in the USA Brand, LLC

__________________________ ____________

Robert Cochran Date

Ice Miller LLP

Counsel for Respondent Made in the USA Brand, LLC

FEDERAL TRADE COMMISSION

By: __________________________ _____________

Julia Solomon Ensor Date

Counsel for Federal Trade Commission

APPROVED:

_______________________________

James Kohm

Associate Director

Division of Enforcement

_______________________________

Jessica Rich

Director

Bureau of Consumer Protection