Chinese products in pet food labeled “Made in USA?” File a complaint with the FTC.
May 6, 2007 at 5:06 pm · Filed under melamine, iams, pet food industry, imported food, food saftey, pet food recall, menu foods, recall, FDA, Hill's, procter and gamble, pet food, FTC
Here are excerpts from The Federal Trade Commission’s Complying with the Made In the USA Standard.
http://www.ftc.gov/bcp/conline/pubs/buspubs/madeusa.shtm(Information on how to file a compliant with the FTC and other suggestions are at the bottom.)
For a product to be called Made in USA, or claimed to be of domestic origin without qualifications or limits on the claim, the product must be “all or virtually all” made in the U.S. “All or virtually all” means that all significant parts and processing that go into the product must be of U.S. origin. That is, the product should contain no — or negligible — foreign content.
[David Acheson, FDA’s new Assistant Commissioner for Food Protection, said the amount of wheat gluten or rice protein in pet food is about 5 to 10 percent. Moist pet food is at least 75% water.]
http://news.tradingcharts.com/futures/3/0/92826903.htmlThe product’s final assembly or processing must take place in the U.S. The Commission then considers other factors, including how much of the product’s total manufacturing costs can be assigned to U.S. parts and processing, and how far removed any foreign content is from the finished product.
[Wheat gluten and rice protean concentrate are listed on pet food labels as an ingredient by themselves without additional processing.]
In some instances, only a small portion of the total manufacturing costs are attributable to foreign processing, but that processing represents a significant amount of the product’s overall processing… In these cases, the foreign content (processing or parts) is more than negligible, and, as a result, unqualified claims are inappropriate.
To determine the percentage of U.S. content, manufacturers and marketers should look back far enough in the manufacturing process to be reasonably sure that any significant foreign content has been included in their assessment of foreign costs.
What To Do About Violations
Information about possible illegal activity helps law enforcement officials target companies whose practices warrant scrutiny. If you suspect noncompliance, contact the Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 20580; (202) 326-2996 or send an e-mail to
MUSA@ftc.gov. (File a c complaint)
https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01If you know about import or export fraud, call Customs’ toll-free Commercial Fraud Hotline, 1-800-ITS-FAKE. Examples of fraudulent practices involving imports include removing a required foreign origin label before the product is delivered to the ultimate purchaser (with or without the improper substitution of a Made in USA label) and failing to label a product with a required country of origin.
You also can contact your state Attorney General and your local Better Business Bureau to report a company.
Or you can refer your complaint to the National Advertising Division (NAD) of the Council of Better Business Bureaus by calling (212) 754-1320. NAD handles complaints about the truth and accuracy of national advertising. You can reach the Council of Better Business Bureaus on the web at adweb.com/adassoc17.html.
Finally, the Lanham Act gives any person (such as a competitor) who is damaged by a false designation of origin the right to sue the party making the false claim. Consult a lawyer to see if this private right of action is an appropriate course of action for you.
To file a complaint or to get free information on consumer issues, visit
www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261.The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
http://www.ftc.gov/bcp/consumer.shtmhttp://www.consumer.gov/sentinel/