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New Balance Made in USA

In 1996, the FTC brought an administrative action against New Balance Athletic Shoes, Inc. for making deceptive U.S.-origin claims about its sneakers. Since at least 2009, the company has marketed some of its sneakers as Made in the USA despite the fact that up to 30% of the shoes’ domestic value is from imported materials.

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Even where the company qualifies its U.S.-origin claims, the qualifying language is not clear and conspicuous. By way of example, the Made in US 997 sneaker is marketed as Made in the USA yet the qualifying language — “New Balance Made is a premium collection that contains a domestic value of 70% or greater.” — is located beneath the Add to Cart button, rendering the disclosure language legally insufficient.

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