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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations
information directly to the manager of the certification office, send it to the attention of the person identified in Related Information.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
2 Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.

lotter on DSK11XQN23PROD with RULES1

j Related Information
FEDERAL TRADE COMMISSION
16 CFR Part 323
3084AB64

Made in USA Labeling Rule Federal Trade Commission.
Final rule.

AGENCY:
ACTION:

1 Refer to Mandatory Continuing Airworthiness Information MCAI Civil Aviation Authority of Israel CAAI Israeli AD ISRI24202166R1, dated June 27, 2021, for related information. This MCAI
may be found in the AD docket on the internet at https www.regulations.gov by searching for and locating Docket No. FAA
20210566.
2 For more information about this AD, contact Brian Hernandez, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
2062313535; email: Brian.Hernandez@
faa.gov.

The Federal Trade Commission FTC or Commission issues a final rule related to Made in USA and other unqualified U.S.-origin claims on product labels.
DATES: This final rule is effective August 13, 2021.
FOR FURTHER INFORMATION CONTACT: Julia Solomon Ensor 2023262377 or Hampton Newsome 2023262889, Attorneys, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room CC9528, 600
Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:

k Material Incorporated by Reference
I. Background
1 The Director of the Federal Register approved the incorporation by reference IBR of the service information listed in this paragraph under 5 U.S.C. 552a and 1 CFR
part 51.
2 You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.
i IAI-Aviation Group Alert Service Bulletin 36824098, Revision 1, dated June 2021.
ii Reserved 3 For service information identified in this AD, contact Israel Aerospace Industries, Ltd., Ben Gurion Airport, Israel 70100;
telephone 97239359826; email tmazor@
iai.co.il.
4 You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 2062313195.
5 You may view this service information that is incorporated by reference at the National Archives and Records Administration NARA. For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: https
www.archives.gov/federal-register/cfr/ibrlocations.html.

On July 16, 2020, the Commission published a Notice of Proposed Rulemaking NPRM 85 FR 43162
seeking comments on a new rule regarding unqualified U.S.-origin claims MUSA claims on product labels.
The NPRM was preceded by a review of the Commissions longstanding program to prevent deceptive MUSA claims.1
The review included a 2019 public workshop and public comment period, where stakeholders expressed nearly universal support for a rule addressing MUSA labels.2

SUMMARY:

Issued on July 8, 2021.
Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service.
FR Doc. 202115026 Filed 71221; 11:15 am BILLING CODE 491013P

VerDate Sep<11>2014

16:14 Jul 13, 2021

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1 This program consisted of compliance monitoring, counseling, and targeted enforcement pursuant to the FTCs general authority under 15
U.S.C. 45 Section 5 of the FTC Act. Section 5
prohibits unfair or deceptive acts or practices in or affecting commerce. An act or practice is deceptive if it is likely to mislead consumers acting reasonably under the circumstances and is materialthat is, likely to affect a consumers decision to purchase or use the advertised product or service. A claim need not mislead allor even mostconsumers to be deceptive under the FTC
Act. Rather, it need only be likely to deceive some consumers acting reasonably. See FTC Policy Statement on Deception, 103 F.T.C. 174 1984
appended to Cliffdale Assocs., Inc., 103 F.T.C. 110, 177 n.20 1984 A material practice that misleads a significant minority of reasonable consumers is deceptive.; see also FTC v. Stefanchik, 559 F.3d 924, 929 9th Cir. 2009 The FTC was not required to show that all consumers were deceived . . . ..
2 Commenters argued such a rule could have a strong deterrent effect against unlawful MUSA
claims without imposing new burdens on lawabiding companies. See generally Transcript of Made in USA: An FTC Workshop Sept. 26, 2019
at 6372, available at https www.ftc.gov/newsevents/events-calendar/made-usa-ftc-workshop;
FTC Staff Report, Made in USA Workshop June 2020 MUSA Report, available at https
www.ftc.gov/system/files/documents/reports/made-

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The Commission published a new rule in the NPRM pursuant to its authority under 15 U.S.C. 45a Section 45a. Section 45a declares: to the extent any person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce a product with a Made in the U.S.A. or Made in America label, or the equivalent thereof, in order to represent that such product was in whole or substantial part of domestic origin, such label shall be consistent with decisions and orders of the Federal Trade Commission. The statute authorizes the agency to issue rules to effectuate this mandate and prevent unfair or deceptive acts or practices relating to MUSA labeling.3
Specifically, under the statute, the Commission may from time to time issue rules pursuant to section 553 of title 5, United States Code requiring MUSA labeling to be consistent with decisions and orders of the Federal Trade Commission issued pursuant to Section 5 of the FTC Act. The statute authorizes the FTC to seek civil penalties for violations of such rules.4
Consistent with these statutory provisions, the NPRM proposed a rule covering labels on products that make unqualified U.S.-origin claims.
Consistent with the Commissions MUSA Decisions and Orders since the 1940s,5 the NPRM proposed to codify the established principle that unqualified U.S.-origin claims imply to consumers no more than a de minimis amount of the product is of foreign origin.6
usa-ftc-workshop/p074204_-_musa_workshop_
report_-_final.pdf.
3 See Section 320933 of the Violent Crime and Law Enforcement Act of 1994, Public Law 103322, 108 Stat. 1796, 2135, codified in relevant part at 15
U.S.C. 45a. Section 45a also states: This section shall be effective upon publication in the Federal Register of a Notice of the provisions of this section. The Commission published such a notice in 1995 60 FR 13158 Mar. 10, 1995.
4 Under the statute, violations of any rule promulgated pursuant to Section 45a shall be treated by the Commission as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices. For violations of rules issued pursuant to 15 U.S.C. 57a, the Commission may commence civil actions to recover civil penalties. See 15 U.S.C. 45m1A.
5 See, e.g., Vulcan Lamp Works, Inc., 32 F.T.C. 7
1940; Windsor Pen Corp., 64 F.T.C. 454 1964
articulating this standard as a wholly of domestic origin standard.
6 This principle was incorporated into the Commissions 1997 Enforcement Policy Statement on U.S. Origin Claims the Policy Statement following consumer research and public comment, as the all or virtually all principle. Specifically, the Policy Statement provides a marketer making an unqualified claim for its product should, at the time of the representation, have a reasonable basis for asserting all or virtually all of the product is made in the United States. FTC, Issuance of Enforcement Policy Statement on Made in USA
and Other U.S. Origin Claims, 62 FR 63756, 63766

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