Best Reader Tips of 2021
This year reader tips led to dozens of ad alerts, as well as a complaint to regulators.
Manufacturer comes under fire for not playing by the rules when it comes to making Made in the USA claims.
Rainbow has a bustling 675,000-square-foot manufacturing facility, above, in what the swing set maker has called “the heartland of America, beautiful Brookings, South Dakota.” But as we’ve noted before, just because a company has a U.S.-based factory doesn’t mean all (or any) of its products can be marketed as Made in the USA. To put it a different way, legally speaking, Assembled in the USA is not the same as Made in the USA.
Rainbow had claimed on its website and social media pages, in addition to in its print catalog, that its swing sets are “Made” or “Manufactured” in the USA or America. But the FTC found that some of the swing sets in these marketing materials contain “significant imported parts and equipment,” making an Assembled in the USA claim potentially more appropriate.
To close out the agency’s inquiry, Rainbow updated its website, social media pages and print catalog, and instructed distributors in its network of sellers to promptly remove the Made in the USA claims from its marketing materials.
Rainbow is still free to promote its South Dakota factory and the people who work there, so long as it doesn’t mislead consumers on where its swing sets are from. The FTC said in a letter to the company:
As we discussed, to the extent Rainbow employs workers in the United States, it is appropriate for the company to promote that fact, provided that marketing materials do not overstate the extent to which Rainbow playsets are made in the United States.
Find more of our coverage on Made in the USA claims here.
Our Ad Alerts are not just about false and deceptive marketing issues, but may also be about ads that, although not necessarily deceptive, should be viewed with caution. Ad Alerts can also be about single issues and may not include a comprehensive list of all marketing issues relating to the brand discussed.
This year reader tips led to dozens of ad alerts, as well as a complaint to regulators.
FTC publishes first closing letters since Made in USA Labeling Rule went into effect in August.
FTC publishes first closing letters since Made in USA Labeling Rule went into effect in August.