Bytech America’s Made in USA Claims

Bytech America’s Made in USA marketing is anything but subtle.

The company’s website has been awash in Made in USA claims for its USB charging and sync cables, which are sold at retailers like Walmart. Here are just a few examples captured by TINA.org last week:

The website reinforces these U.S.-origin claims with no less than two dozen American flags and various references to “American quality,” “American industry” and “American pride,” as well as the company’s claimed ability to “eliminate risks of international shipping delays, tariffs, and labor disruptions” and to provide a “seamless, tariff-free supply chain.”

According to the FTC, in order for a product to be marketed as Made in USA, the product must be “all or virtually all” made in the U.S. That is, it must contain “no – or negligible – foreign content.”

However, after receiving a tip from a reader, TINA.org found that Bytech America’s cords actually contain imported parts. Where does the company disclose this information? In teeny fine print at the bottom of product packaging and, most recently, at the very bottom of its website. (You might also see it in minuscule print in search results on Walmart.com, which is a breeding ground for deceptive Made in USA claims.)

And that’s a problem because, when making qualified U.S.-origin claims – like “Made in USA of U.S. and Imported Parts” – companies are required to prominently disclose qualifying information.

After TINA.org reached out to Bytech America for comment, the company added an asterisk to some – but not all – of the Made in USA claims on its website. The asterisk corresponds to a Made in USA label – the same one on packaging – that now appears at the very bottom of the website.

But this doesn’t solve the problem.

The FTC is clear that using an asterisk to reveal key qualifications cannot fix a misleading headline claim.

Meanwhile, unqualified Made in USA claims remain on the Bytech America website, as does language suggesting that there are no imported parts in the company’s products. And the product packaging still appears to relegate the qualifying information to inconspicuous fine print.

Under the FTC’s Made in USA Labeling Rule, a company that labels a product – physically or electronically – as Made in USA can be on the hook for large penalties unless all or virtually all of the components of the product are made and sourced in the U.S. and final assembly or processing of the product occurs domestically. The current amount is $53,088 per violation.

The bottom line

A majority of consumers seek out American-made products and some are even willing to pay more for them. But often the devil is in the details – and in this case, the details are in the fine print.

TINA.org also reached out to Walmart for comment. Check back for updates.

Find more of our coverage on Made in USA.