National Advertising Division Recommends Stihl Discontinue Unqualified “Made in America” Claims for Outdoor Power Equipment

New York, NY – February 22, 2024 – In a challenge brought by Milwaukee Electric Tool Corporation, BBB National Programs’ National Advertising Division recommended that, in connection with its outdoor power equipment, Stihl Incorporated USA:

  • Discontinue its unqualified “Made in America” claims; and 
  • Modify its “Made in America” claims to make clear that not all (or virtually all) of its products are made in the United States and that not all (or virtually all) of the parts of those products are from the United States.

 

The challenged claims, on Stihl’s website, social media, commercials, and print ads stated that its products are “Made in America.” The claim was made in connection with the brand generally in a variety of contexts (at times with power tools visible in the ad) along with images of the American flag. Stihl usually included a disclosure stating, “A majority of STIHL products sold in America are made in America of U.S. and global materials.”

NAD concluded that notwithstanding the disclosure, consumers would take away a broad, unqualified message that all or virtually all of its products – and all or virtually all of those products’ parts – are made in America. 

Since there was no evidence in the record to support this broad unqualified message, NAD recommended that Stihl:

  • Discontinue its unqualified “Made in America” claims; and 
  • Modify its “Made in America” claims to make clear that not all (or virtually all) of its products are made in the United States and that not all (or virtually all) of the parts of those products are from the United States.

 

NAD noted that nothing in its decision would prevent Stihl from making a properly qualified “Made in America” claim as to the specific products and/or parts that are actually made in America.

Further, NAD recommended that Stihl modify its advertising to avoid conveying the messages that:

  • Stihl’s product line meets the FTC’s requirements to be designated as “Made in America.”
  • All of Stihl’s products are made in America.
  • All of Stihl’s parts are made in America.
  • All products and their constituent parts in Stihl’s advertisements are made in America.
  • Stihl’s products are all or virtually all made in America.
  • Stihl’s parts are all or virtually all made in America.
  • Stihl’s products have no or negligible foreign content.
  • The parts in Stihl’s products have no or negligible foreign content.
  • Some companies cannot claim that their products are Made in America, but Stihl can.

 

In its advertiser statement, Stihl stated that it “agrees to comply with NAD’s recommendations” although it “believes that its advertising verbiage and methods have truthfully conveyed its qualified Made in USA claims.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

In National Advertising Division Challenge, Drip Hydration Voluntarily Discontinues Claims for its Ketamine IV Therapy

New York, NY – November 22, 2024 – Following a challenge brought by the National Advertising Division as part of its routine monitoring program, Drip Hydration voluntarily discontinued advertising claims for its Drip Hydration Ketamine IV Therapy.

Read the Decision Summary
Decision

NAD Finds Patented and Safety Claims for POOPH’s Pet Odor & Stain Eliminator Supported; Recommends Other Claims Be Modified or Discontinued

New York, NY – November 21, 2024 – The National Advertising Division determined that Ikigai supported patented and safety claims for their POOPH Pet Odor & Stain Eliminator, but recommended that other claims, including claims that POOPH eliminates odors and strains, be discontinued.

Read the Decision Summary
Decision

National Advertising Division Recommends SharkNinja Discontinue Certain Best Deep Carpet Cleaning Claims

New York, NY – November 19, 2024 – BBB National Programs’ National Advertising Division recommended that SharkNinja discontinue the claim “The Best Deep Carpet Cleaning Among Full-Sized Deep Carpet Cleaners** Based on ASTM F2828 vs. full-sized carpet cleaners above 14 lbs.”     

Read the Decision Summary
Decision

National Advertising Division Recommends T-Mobile Discontinue or Modify Advertising for Free iPhone and 20% Savings Claim; T-Mobile to Appeal

New York, NY – November 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that T-Mobile discontinue or modify its advertising offering a free iPhone and 20% savings on monthly wireless services to better disclose the material conditions of the offer.

Read the Decision Summary