2223140 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Rebecca Kelly Slaughter 

Christine S. Wilson 

Alvaro M. Bedoya 

In the Matter of 

INSTANT BRANDS LLC, 

a limited liability company. DOCKET NO. C-4788

COMPLAINT 

The Federal Trade Commission, having reason to believe that Instant Brands LLC, a 

limited liability company (“Respondent”), has violated the provisions of the Federal Trade 

Commission Act, and it appearing to the Commission that this proceeding is in the public 

interest, alleges: 

1. Respondent Instant Brands LLC (“Instant Brands”) is a Delaware limited liability 

company with its principal office or place of business at 3025 Highland Parkway, Suite 700, 

Downers Grove, Illinois 60515. 

2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed 

products to consumers, including glass measuring cups, and other glass cooking or baking 

accessories, under the “Pyrex” brand name. 

3. The acts and practices of Respondent alleged in this complaint have been in or affecting 

commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act. 

Respondent’s Business Practices 

4. Respondent owns numerous well-known kitchen and houseware brands, including Pyrex, 

Corelle, Corningware, Instant Pot, Snapware, Chicago Cutlery, and Visions, and advertises and 

sells products under these brand names to consumers nationwide. Although some of these 

brands previously operated as independent subsidiaries, as of January 2022, they are 

consolidated as Instant Brands LLC. 
pyrex. 

Born of innovation. the icon ic 

Pyrex brand evokes some of our 

fondest fam ily food m emories. 

and has had a place in ou r hea rts 

a nd homes for over 100 yea rs. 

Pyrex glassware- made for bot h 

pu rpose and passion- has been 

passed down from genera tion to 

generation. a nd for good reason. 

And our new Pyrex products. 

designed specifically for the ways 

we make and s hare food today. will 

be loved for years to come. 

5. Instant Brands’ Pyrex-branded products include a range of mostly glass baking and 

cooking accessories. The Instant Brands website (https://corporate.instantbrands.com/brands/) 

describes Pyrex as follows: 

Born of innovation, the iconic Pyrex brand evokes 

some of our fondest family food memories, and has 

had a place in our hearts and homes for over 100 

years. Pyrex glassware—made for both purpose 

and passion—has been passed down from 

generation to generation, and for good reason. And 

our new Pyrex products, designed specifically for 

the ways we make and share food today, will be 

loved for years to come. 

6. Instant Brands makes general marketing claims stating or implying all Pyrex glass 

products are of U.S. origin. For example, the company has touted Pyrex’s “made in the USA 

heritage,” and advertised Pyrex products as “Made in USA,” Proudly Made in USA,” “American 

as Apple Pie,” and “1 of 10 products surprisingly still made in America.” 

7. During the COVID-19 pandemic, Instant Brands experienced a spike in demand for 

certain baking products, including U.S.-origin Pyrex-branded glass mixing cups. 1 

8. By early 2021, Instant Brands was unable to meet this demand. 

9. Accordingly, between May 2021 and March 2022, Instant Brands shifted production of 

certain measuring cups from the United States to China. 

10. However, Instant Brands continued to market two Stock Keeping Units (“SKUs”) of 

U.S.-origin measuring cup sets corresponding with two Amazon Standard Identification 

Numbers (“ASINs”) on Amazon.com. 

11. Specifically, throughout the time Instant Brands imported cups from China, marketing 

materials on Amazon.com for SKU 1118990/ASIN B00M2J7PCI (three-piece Pyrex measuring 

1 While stay-at-home orders were in effect, consumer interest in baking surged. A January 2021 survey found 

“nearly one-third of U.S. adults said they [were] baking more often [in 2020 than 2019] and plan[ned] to continue 

doing so. When asked why, 47% said alleviating boredom during the pandemic, 41% said for a fun experience with 

children, and 39% said relaxation.” See Ellen Byron, “Is Baking’s Pandemic Popularity Just a Flash in the Pan,” 

Wall Street Journal (May 25, 2021), available at https://www.wsj.com/articles/is-bakings-pandemic-popularity-justa-flash-in-the-pan-11621951200. 

2 of 6 
About this, itemi 

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cup set) and SKU 1118989/ASIN B00M2JVTZ2 (four-piece Pyrex measuring cup set) 

prominently advertised those sets as “Made in USA.” 

12. In total, over a course of months and despite receiving dozens of complaints, Instant 

Brands fulfilled more than 110,000 Amazon.com orders of U.S.-origin measuring cup sets with 

Chinese-origin products. 

13. Additionally, throughout this time, despite importing and selling measuring cups from 

China, Instant Brands continued to publish and disseminate general advertising materials stating 

or implying that all Pyrex products were of U.S. origin. 

14. At all times relevant to this Complaint, Chinese-origin measuring cups were marked 

“Made in China” in red text. 

Respondent’s Claims 

15. Respondent has disseminated or caused to be disseminated advertisements and 

promotional materials for Pyrex measuring cups containing the following statements and 

depictions: 

A. “Made in the USA” 

Amazon.com product page for four-piece measuring cup set. 

3 of 6 
American 

as apple pie 

proudly made 

in the USA 

B. “American as apple pie” “proudly made in the USA.” 

Graphic appearing on Amazon.com and Pyrex.com. 

4 of 6 
a..,.., 

1 of 10 "products surprisingly 

still made in America" 

247wallst.com 

.,,... Plloclo:11.1$• &car. 

~11- ... 1'.1§"1) 

- PyrexHome 

0 When expert chefs and kitchen newbies need an extra 

measure of confidence, they reach for the quality and 

performance of Pyrex. rrom iconic glassware to innovative 

solutions. Ready when you are. Pyrex. See less 

m:11 

0 In 1915. a~ industrious wife of a Coming Glass Works scientist 

was frustrated with her unreliable casserole dish and asked 

him to bring home something she could use in the kitchen. 

Voila, the Pyrex baking dish was bor~! 

Loved for generations, experienced cooks and beginners alike 

have reached for Pyrex@ brand glassware products, because 

they're affordable. durable. and great for all their cooking. 

serving and storing needs. 

For almost 100 years, Pyrex has remained dedicated to 

designing new favorites that help cooks feel successful and 

confident in the kitchen. loday, Pyrex brand glassware 

products can be found in over 80% of American homes. Pyrex 

value our made in the USA heritage and continues to work 

hard to ensure that our products remain a mainstay in 

American kitchens for generations to come. 

C. “1 of 10 products surprisingly still made in America” 

Video posted on an Instant Brands-controlled YouTube page (internal quotation marks omitted). 

D. “Pyrex value[s] our made in the USA heritage and continues to work hard to 

ensure that our products remain a mainstay in American kitchens for generations 

to come.” 

“About” section of Pyrex Facebook page. 

5 of 6 
16. At the time the statements described in Paragraph 15 were published or disseminated, 

certain Pyrex measuring cup sets advertised were wholly manufactured in China. 

Count I 

False or Misleading Representation 

17. In connection with the advertising, promotion, offering for sale, or sale of Pyrex-branded 

three- and four-cup measuring cups in 2021 and 2022, Respondent has represented, directly or 

indirectly, expressly or by implication, that such measuring cups were all or virtually all made in 

the United States. 

18. In truth and in fact, in numerous instances during 2021-2022, Respondent’s Pyrexbranded three- and four-cup measuring cup sets were wholly imported from China. 

19. Therefore, Respondent’s representations as set forth in Paragraph 17 are false or 

misleading. 

Violation of Section 5 

20. The acts and practices of Respondent as alleged in this complaint constitute unfair or 

deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal 

Trade Commission Act. 

THEREFORE, the Federal Trade Commission this 1st day of March, 2023, has issued 

this Complaint against Respondents. 

By the Commission. 

April J. Tabor 

Secretary 

SEAL: 

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2223140 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Rebecca Kelly Slaughter 

Christine S. Wilson 

Alvaro M. Bedoya 

In the Matter of DECISION AND ORDER 

INSTANT BRANDS LLC, DOCKET NO. C-4788

a limited liability company. 

DECISION 

The Federal Trade Commission (“Commission”) initiated an investigation of certain acts 

and practices of the Respondent named in the caption. The Commission’s Bureau of Consumer 

Protection (“BCP”) prepared and furnished to Respondent a draft Complaint. BCP proposed to 

present the draft Complaint to the Commission for its consideration. If issued by the 

Commission, the draft Complaint would charge the Respondent with violations of the Federal 

Trade Commission Act. 

Respondent and BCP thereafter executed an Agreement Containing Consent Order 

(“Consent Agreement”). The Consent Agreement includes: 1) statements by Respondent that it 

neither admits nor denies any of the allegations in the Complaint, except as specifically stated in 

this Decision and Order, and that only for purposes of this action, it admits the facts necessary to 

establish jurisdiction; and 2) waivers and other provisions as required by the Commission’s 

Rules. 

The Commission considered the matter and determined that it had reason to believe that 

Respondent has violated the Federal Trade Commission Act, and that a Complaint should issue 

stating its charges in that respect. The Commission accepted the executed Consent Agreement 

and placed it on the public record for a period of 30 days for the receipt and consideration of 

public comments. The Commission duly considered any comments received from interested 

persons pursuant to Section 2.34 of its Rules, 16 C.F.R. § 2.34. Now, in further conformity with 

the procedure prescribed in Rule 2.34, the Commission issues its Complaint, makes the 

following Findings, and issues the following Order: 

Page 1 of 8 
Findings 

1. The Respondent is Instant Brands LLC (“Instant Brands”), a Delaware limited liability 

company with its principal office or place of business at 3025 Highland Parkway, Suite 700, 

Downers Grove, Illinois 60515. 

2. The Commission has jurisdiction over the subject matter of this proceeding and over the 

Respondents, and the proceeding is in the public interest. 

ORDER 

Definitions 

For purposes of this Order, the following definitions apply: 

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

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

of the following ways: 

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

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

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

television advertisement, the disclosure must be presented simultaneously in both 

the visual and audible portions of the communication even if the representation 

requiring the disclosure (“triggering representation”) is made through only one 

means. 

2. A visual disclosure, by its size, contrast, location, the length of time it appears, 

and other characteristics, must stand out from any accompanying text or other 

visual elements so that it is easily noticed, read, and understood. 

3. An audible disclosure, including by telephone or streaming video, must be 

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

easily hear and understand it. 

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

Internet or software, the disclosure must be unavoidable. 

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

panel. 

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

and must appear in each language in which the triggering representation appears. 

Page 2 of 8 
7. The disclosure must comply with these requirements in each medium through 

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

communications. 

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

anything else in the communication. 

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

children, the elderly, or the terminally ill, “ordinary consumers” includes 

reasonable members of that group. 

B. “Made in the United States” means any representation, express or implied, that a 

product or service, or a specified component thereof, is of U.S.-origin, including, but not 

limited to, a representation that such product or service is “made,” “manufactured,” 

“built,” “produced,” or “crafted” in the United States or in America, or any other U.S.-

origin claim. 

C. “Product or Service” means any good or service, including any plan or program. 

D. “Respondent” means Instant Brands LLC, its successors and assigns, and any joint 

ventures, subsidiaries, divisions, groups, and affiliates it controls, directly or indirectly. 

Provisions 

I. 

Prohibited Misrepresentations Regarding U.S.-Origin Claims 

IT IS ORDERED that Respondent, and Respondent’s officers, agents, 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 the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

Product or Service, must not make any representation, expressly or by implication, that a product 

is Made in the United States unless: 

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

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

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

States; or 

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

representation that accurately conveys the extent to which the product contains foreign 

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

C. For a claim that a product is assembled in the United States, the product is last 

substantially transformed in the United States, the product’s principal assembly takes 

place in the United States, and United States assembly operations are substantial. 

Page 3 of 8 
II. 

Prohibited Misleading and Unsubstantiated Representations 

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

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 the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of 

any Product or Service, must not make any representation regarding the country of origin of any 

Product or Service, unless the representation is non-misleading, including that, at the time such 

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

representation. 

III. 

Monetary Relief 

IT IS FURTHER ORDERED that: 

A. Respondent must pay to the Commission $129,416, which Respondent stipulates its 

undersigned counsel holds in escrow for no purpose other than payment to the 

Commission. 

B. Such payment must be made within 8 days of the effective date of this Order by 

electronic fund transfer in accordance with instructions provided by a representative of 

the Commission. 

IV. 

Additional Monetary Provisions 

IT IS FURTHER ORDERED that: 

A. Respondent relinquishes dominion and all legal and equitable right, title, and interest in 

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

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

subsequent civil litigation by or on behalf of the Commission to enforce its rights to any 

payment pursuant to this Order, such as a nondischargeability complaint in any 

bankruptcy case. 

C. The facts alleged in the Complaint establish all elements necessary to sustain an action by 

or on behalf of the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy 

Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect for 

such purposes. 

D. All money paid to the Commission pursuant to this Order may be deposited into a fund 

administered by the Commission or its designee to be used for relief, including consumer 

Page 4 of 8 
redress and any attendant expenses for the administration of any redress fund. If a 

representative of the Commission decides that direct redress to consumers is wholly or 

partially impracticable or money remains after redress is completed, the Commission may 

apply any remaining money for such other relief (including consumer information 

remedies) as it determines to be reasonably related to Respondent’s practices alleged in 

the Complaint. Any money not used is to be deposited to the U.S. Treasury. Respondent 

has no right to challenge any activities pursuant to this Provision. 

E. In the event of default on any obligation to make payment under this Order, interest, 

computed as if pursuant to 28 U.S.C. § 1961(a), shall accrue from the date of default to 

the date of payment. In the event such default continues for 10 days beyond the date that 

payment is due, the entire amount will immediately become due and payable. 

F. Each day of nonpayment is a violation through continuing failure to obey or neglect to 

obey a final order of the Commission and thus will be deemed a separate offense and 

violation for which a civil penalty shall accrue. 

G. Respondent acknowledges that its Taxpayer Identification Numbers (Employer 

Identification Numbers) may be used for collecting and reporting on any delinquent 

amount arising out of this Order, in accordance with 31 U.S.C. § 7701. 

V. 

Acknowledgments of the Order 

IT IS FURTHER ORDERED that Respondent obtain acknowledgments of receipt of 

this Order: 

A. Respondent, within 10 days after the effective date of this Order, must submit to the 

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

B. Respondent must deliver a copy of this Order to: (1) all principals, officers, directors, 

and LLC managers and members; (2) all employees having managerial responsibilities 

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

who participate in conduct related to the subject matter of the Order; and (3) any business 

entity resulting from any change in structure as set forth in the Provision titled 

Compliance Reports and Notices. Delivery must occur within 10 days after the effective 

date of this Order for current personnel. For all others, delivery must occur before they 

assume their responsibilities. 

C. From each individual or entity to which Respondent delivered a copy of this Order, 

Respondent must obtain, within 30 days, a signed and dated acknowledgment of receipt 

of this Order. 

Page 5 of 8 
VI. 

Compliance Reports and Notices 

IT IS FURTHER ORDERED that Respondent make timely submissions to the 

Commission: 

A. One year after the issuance date of this Order, Respondent must submit a compliance 

report, sworn under penalty of perjury, in which Respondent must: (a) identify the 

primary physical, postal, and email address and telephone number, as designated points 

of contact, which representatives of the Commission may use to communicate with 

Respondent; (b) identify all of Respondent’s businesses by all of their names, telephone 

numbers, and physical, postal, email, and Internet addresses; (c) describe the activities of 

each business, including the goods and services offered, the means of advertising, 

marketing, and sales; (d) describe in detail whether and how Respondent is in compliance 

with each Provision of this Order, including a discussion of all of the changes the 

Respondent made to comply with the Order; and (e) provide a copy of each 

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

submitted to the Commission. 

B. For 10 years after the issuance date of this Order, Respondent must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in the following: 

(a) any designated point of contact; or (b) the structure of Respondent or any entity that 

Respondent has any ownership interest in or controls directly or indirectly that may affect 

compliance obligations arising under this Order, including: creation, merger, sale, or 

dissolution of the entity or any subsidiary, parent, or affiliate that engages in any acts or 

practices subject to this Order. 

C. Respondent must submit notice of the filing of any bankruptcy petition, insolvency 

proceeding, or similar proceeding by or against Respondent within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be sworn under penalty of 

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by 

concluding: “I declare under penalty of perjury under the laws of the United States of 

America that the foregoing is true and correct. Executed on: _____” and supplying the 

date, signatory’s full name, title (if applicable), and signature. 

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

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

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

Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue 

NW, Washington, DC 20580. The subject line must begin: In re Instant Brands LLC. 

Page 6 of 8 
VII. 

Recordkeeping 

IT IS FURTHER ORDERED that Respondent must create certain records for 10 years 

after the issuance date of the Order, and retain each such record for 5 years. Specifically, 

Respondent must create and retain the following records: 

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

incurred in generating those revenues, and resulting net profit or loss; 

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

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

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

for termination; 

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

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

response; 

D. All records necessary to demonstrate full compliance with each provision of this Order, 

including all submissions to the Commission; 

E. A copy of each unique advertisement or other marketing material making a representation 

subject to this Order; provided, however, Respondent shall not be required to maintain 

records of website screenshots or point of sale materials created by third party retailers 

without Respondent’s input; and 

F. For 5 years from the date of the last dissemination of any representation covered by this 

Order, all materials that were relied upon in making the representation. 

VIII. 

Compliance Monitoring 

IT IS FURTHER ORDERED that, for the purpose of monitoring Respondent’s 

compliance with this Order: 

A. Within 10 days of receipt of a written request from a representative of the Commission, 

Respondent must: submit additional compliance reports or other requested information, 

which must be sworn under penalty of perjury, and produce records for inspection and 

copying. 

B. For matters concerning this Order, representatives of the Commission are authorized to 

communicate directly with Respondent. Respondent must permit representatives of the 

Commission to interview anyone affiliated with Respondent who has agreed to such an 

interview. The interviewee may have counsel present. 

Page 7 of 8 
C. The Commission may use all other lawful means, including posing through its 

representatives as consumers, suppliers, or other individuals or entities, to Respondent or 

any individual or entity affiliated with Respondent, without the necessity of identification 

or prior notice. Nothing in this Order limits the Commission’s lawful use of compulsory 

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

IX. 

Order Effective Dates 

IT IS FURTHER ORDERED that this Order is final and effective upon the date of its 

publication on the Commission’s website (ftc.gov) as a final order. This Order will terminate 20 

years from the date of its issuance (which date may be stated at the end of this Order, near the 

Commission’s seal), or 20 years from the most recent date that the United States or the 

Commission files a complaint (with or without an accompanying settlement) in federal court 

alleging any violation of this Order, whichever comes later; provided, however, that the filing of 

such a complaint will not affect the duration of: 

A. Any Provision in this Order that terminates in less than 20 years; 

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

Provision. 

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

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 Provision 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. 

By the Commission. 

April J. Tabor 

Secretary 

SEAL: 

ISSUED: March 1, 2023

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