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Bureau of Consumer Protection 

 Division of Enforcement 

 Julia Solomon Ensor 

 Attorney 

Email: jensor@ftc.gov 

Direct Dial: (202) 326-2377

 March 17, 2020 

VIA EMAIL

Wesley A. Roberts, Esq. 

Thomas Horstemeyer, LLP 

3200 Windy Hill Rd., SE 

Suite 1600E 

Atlanta, GA 30339 

wesley.roberts@thomashorstemeyer.com 

Dear Mr. Roberts: 

 We received your submissions on behalf of Aqua Marine Deck, Inc. (“Aqua Marine” or 

the “Company”). During our review, we discussed concerns that marketing materials with 

broad, unqualified claims that Aqua Marine products are made in the United States may have 

failed to account for the fact that certain of the Company’s marine decking products contain 

significant foreign content. 

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, Aqua Marine implemented a remedial action plan. This 

plan included: (1) removing all “Made in USA” claims from Aqua Marine marketing materials; 

 

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. 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

WASHINGTON, D.C. 20580 
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(2) updating social media platforms; (3) collecting and destroying outdated materials from 

dealers and distributors; and (4) providing updated materials to dealers and distributors. 

If, in the future, Aqua Marine offers a new product that is “all or virtually all” made in 

the United States, it would be appropriate for the Company to update its marketing materials 

accordingly. In the interim, it is appropriate for Aqua Marine 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 the Company’s 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 Aqua Marine’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