Notes on Arbitration, Cybersecurity, and "Made in the U.S.A." Labeling | Event Recaps | All MKC Content | ANA

Notes on Arbitration, Cybersecurity, and "Made in the U.S.A." Labeling


During a session at an ANA 1-Day Conference, a panel of legal experts offered guidance on "Made in the U.S.A." labeling, arbitration, and cybersecurity.

Key Takeaways

"Made in the U.S.A." Labeling

The FTC has made enforcement of "Made in the U.S.A." labeling rules a priority. These rules state that a "Made in the U.S.A" claim can only be made if:

  • Final assembly or processing of the product occurs in the United States;
  • All significant processing that goes into the product occurs in the United States;
  • And all or virtually all ingredients or components of the product are made or sourced in the United States.

Labels need to be accurate as of the time of production, reflecting any changes to the supply chain, even temporary ones.

As evidence of the FTC's prioritization of this matter, it has, since 2021, collected over $16 million in fines for violations of these rules, with those penalized including the likes of Williams-Sonoma.


It is no longer clear that arbitration offers an advantage to defendants over litigation, as the plaintiffs' bar has been finding similarly successful points of leverage (e.g. private rights of action and liquidated damages) in the former as in the latter, particularly as it marshals thousands of arbitrations against single defendants concurrently, extracting extremely steep administration and initiation fees.


Panelist Ericka Johnson of TikTok offered several tips for defending against and responding to cybersecurity incidents:

  • Look at your competitors to see what provisions they are making for cybersecurity and make sure you at least meet but hopefully exceed their examples.
  • Have security controls and incident-response plans in place.
  • If an incident does occur, investigate thoroughly. Consider bringing in a third party to conduct the investigation or to validate your own findings.
  • Be truthful with the SEC, your customers, and your employees.

CLE Materials


"Litigation and Enforcement Round Up for the Advertising Industry." Marisol Mork, partner at Squire Patton Boggs; Kristin Bryan, partner at Squire Patton Boggs; Kyle Dull, senior associate at Squire Patton Boggs; Ericka Johnson, global cybersecurity counsel at TikTok. ANA Advertising Law 1-Day Conference, 6/26/24.

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