Cardozo Arts & Entertainment Law Journal
Abstract
The note argues that the Federal Trade Commission's (FTC) "Made in America" policy is overly stringent and disproportionately burdensome for small businesses. The policy requires products labeled as "Made in America" to contain "all or virtually all" parts and processing from the U.S., a standard that is often ambiguous, economically prohibitive, and misaligned with consumer perceptions. The note contends that this strict enforcement creates a "Hobson's choice" for small businesses, making it infeasible for them to comply without suffering financial harm or reputational damage. It advocates for lowering the threshold to allow more flexibility, which would support small businesses, promote domestic manufacturing, and align with consumer expectations.
Disciplines
Antitrust and Trade Regulation | Constitutional Law | Consumer Protection Law | Entertainment, Arts, and Sports Law | Intellectual Property Law | Law | State and Local Government Law
Recommended Citation
Jamie Cutler,
The FTC's "Made in America" Enforcement Policy Is Too Stringent for Small Businesses to Comply With,
40
Cardozo Arts & Ent. L.J.
761
(2023).
Available at:
https://larc.cardozo.yu.edu/cardozoaelj/vol40/iss3/7
Included in
Antitrust and Trade Regulation Commons, Constitutional Law Commons, Consumer Protection Law Commons, Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, State and Local Government Law Commons