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In January 2015, we reported that California’s law on advertising “Made in USA” claims, Cal. Bus. & Prof. Code § 17533.7, had been interpreted as imposing a stricter standard than guidelines adopted by the Federal Trade Commission (FTC) on the same issue. Specifically, the California law had been interpreted to require that 100 percent of all labor and material in a product be domestic before the product could be advertised as “Made in USA.”

On Sept. 1, 2015, California amended its statute. The new statute allows a manufacturer to advertise a product as “Made in the USA” as long as (1) the foreign components of the product do not “constitute more than 5% of the final wholesale value” of the product, or (2) the manufacturer can show that it cannot obtain the foreign components of the product in the U.S. and those components “constitute not more than 10% of the final wholesale value” of the product. The amended statute takes effect Jan. 1, 2016.

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Photo of Ed Chansky Ed Chansky

Ed Chansky focuses his practice in the areas of intellectual property (particularly development, selection, protection and licensing of trademarks worldwide) and advertising, sales promotion, and trade-regulation law, including charitable promotions, cause-related marketing, sweepstakes, contests, gift cards, eCommerce, substantiation of advertising claims, social gaming,

Ed Chansky focuses his practice in the areas of intellectual property (particularly development, selection, protection and licensing of trademarks worldwide) and advertising, sales promotion, and trade-regulation law, including charitable promotions, cause-related marketing, sweepstakes, contests, gift cards, eCommerce, substantiation of advertising claims, social gaming, social media, and all aspects of unfair or deceptive trade practices in a wide variety of industries.

A trusted advisor to many national companies, Ed is a frequent speaker at seminars and conferences on advertising and promotion law topics, including sweepstakes, premium production, coupon and rebate offers, charitable promotions, social gaming, and social media, and has helped shape state legislation affecting sales promotion matters. He also works with clients on a wide range of contract and licensing matters, including agency-client agreements in the advertising and sales promotion industries, software and website development, privacy policies and terms of use, and other matters affecting intellectual property, marketing and electronic commerce. For many years, he worked as a part-time musician (trombone) playing everything from grand opera to rhythm and blues.

Photo of Frank Citera Frank Citera

Francis A. “Frank” Citera is a nationally-recognized trial lawyer representing clients in product liability, toxic torts, class actions and other complex litigation matters in federal and state courts. Frank has over 35 years of experience and is co-chair of the firm’s Product Liability

Francis A. “Frank” Citera is a nationally-recognized trial lawyer representing clients in product liability, toxic torts, class actions and other complex litigation matters in federal and state courts. Frank has over 35 years of experience and is co-chair of the firm’s Product Liability and Mass Torts Litigation Practice and co-chairs the Chicago Litigation Practice. An experienced architect of litigation strategies, Frank defends companies in various industries and business sectors including retailers such as Albertson’s, Claire’s Stores, Inc., Sears, and Whole Foods to technology and electronics companies like Qualcomm, Sony Electronics, and Underwriters Laboratories. He has achieved success in defeating class certification, disputing alleged claims in court, and obtaining summary judgments and outright dismissals prior to trial.

Ranked in Chambers USA for Product Liability: Consumer Class Actions (Band 2), Frank handles multi-state consumer class actions and often serves as national coordinating counsel for companies facing multidistrict and overlapping class action proceedings. He advises clients on risk management, crisis management and communications, and product safety matters and has appeared before federal and state agencies such as the Consumer Product Safety Commission, the National Highway Traffic Safety Administration, the Food and Drug Administration, and the National Transportation Safety Board. Frank has been recognized by Chambers USA and Leading Lawyers Network, and The Legal 500 United States describes him as being “highly experienced and capable” and “renowned for his toxic tort and product liability work.”