I Dig Texas and Creager Services both sell construction equipment called skid steer attachments. I Dig Texas urged customers to buy its products instead of Creager Services’ products by appealing to their sense of patriotism. I Dig Texas claimed that its products are “American Made” while its competitor’s products are “110% Made in China.” Creager Services didn’t dig those claims and filed a lawsuit alleging, among other things, that the “American Made” claims were literally false. (It missed an opportunity to argue that a product can’t be “110%” made in any location.)
https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/10th-circuit-decision-at-odds-with-ftc-over-american-made-claims
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