Affirmative misrepresentation as to origin of photographic accessories

No. 216. Affirmative misrepresentation as to origin of photographic accessories. The Commission rendered an advisory opinion toda.y in regard the proper labeling of the origin of photographic accessories which are imported in whole or in part from a foreign country. In the opinion the Commission ruled upon the following three questions which were presented to it. First, what percentage of foreign made components can a product contain and still be properly labeled as "jyIade in U. ? Second, in the absence of a "l\fade in U. cla-im, when is it necessary to disclose the foreign country of origin of an imported product? Third, does the Commission ha-\Te a.ny specific regulations 'as to size, material anc1'location whenever it is necessa-ry to disclose the origin of an imported product? In response to the first question, the Commission said: ok * * the "Made in U. " mark would constitute an affirmative representation that the product was made in its entirety in the United St'ates. If the product did in fact contain foreign made components of a substantial nature, it would be improper to label the finished product as "Made in U. " without a clear and conspicuous disclosure indicating the identity of the imported components and the foreign country of origin thereof. ,Vith respect to the second question, the Commission stateel that it is somewhat hypothetica.l in that it does not involve a specific proposed 418-345-72---- 1322 FEDERAL TRADE CO?dMISSIOX DECISIO?\S course of action, and therefore it is not the propel' subject for an ad ,-isory opinion.

In regard to the third and final question, the Commission stated tha it had no specific. regulations as to the exact size, etc., of the disclosure. The Commission said that it would have to state the rule in general terms becanse the facts of each case may be different. The basic. reqllirement the Commission said, is that the disclosure must be of such conspicuousness as to be likely observed by prospecti,-e purchasers mnking casual inspection of the merchandise and of such degree of permanency so as to remain thereon until consummation of the consumer sale thereof. (File, Xo. G83 7084, released..:-\.pr. 4, 1968.