Petition for the issuance of a complaint
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- PETITION FOR THE ISSUANCE OF A COMPLAINT
- I wasn’t sure about whether or not an American car would be for me.
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Before the Federal Trade Commission Washington, D.C. ____________________________________ ) In the Matter of Ford Motor Company’s ) Radio Advertisement for the Ford Edge ) Stating that it is an American Car when ) It is Imported from Canada ) ____________________________________) PETITION FOR THE ISSUANCE OF A COMPLAINT Joel D. Joseph General Counsel Made in the USA Foundation Petitioner 9935 S. Santa Monica Blvd. Beverly Hills, CA 90212
1. Ford Motor Company recently began a radio advertising campaign for the Ford Edge, which is made in Canada. 2. The radio ads state: The My Ford Touch was something that really got me interested in the car. You know. The two LCD screens. Everything was touch. Everything looked futuristic. And why did it take so long to get this technology in a car? Michael Aroni loves technology. He found it in the new Ford Edge. I wasn’t sure about whether or not an American car would be for me. But what really sold me on the car was when I first sat in the car, felt buttons, played with the technology. And within five or ten minutes I said this Ford Edge was for me. Nobody believed that I have a Ford. I had the Infinity, a Lexus, a Mercedes,and now I have a Ford. My friend has a 2010 Audi that he thought was God’s gift to cars. With the technology in that car there are things he can’t do that I can do in my car. You can’t beat it. It’s got a nice firm suspension. It’s got a really firm steering wheel feel. Even though it’s an SUV, I feel like it is like driving a sports car. Can’t beat it. Trade up to the New Ford Edge during the year-end celebration with the best deals yet. I was kind of shocked when I saw the sticker price. I think they underpriced it. (Emphasis added). 3. To reinforce its false advertising, Ford Motor Company removes country-of-origin stickers (required by the American Automobile Labeling Act) from its vehicles on display at auto shows, including the Los Angeles, New York, Detroit, and Washington, D.C. auto shows. Many Ford dealers also illegally remove these country-of-origin stickers in violation of the American Automobile Labeling Act. II. Petitioner 4. Petitioner is a non-profit corporation founded in 1989. Its purpose is to promote products made in the United States. The Foundation has supported country-of-origin disclosure legislation, including the American Automobile Labeling Act. The undersigned counsel testified in favor of this legislation and submitted a study conducted by the Foundation that found that consumers did not know the country of origin of automobiles, and were confused by American-brand companies who imported their vehicles.
5. Section 5 of the Federal Trade Commission Act (FTCA) prohibits “unfair and deceptive acts or practices in or affecting commerce.” Section 15 of the FTCA defines a false ad for purposes of Section 12 as one that's “misleading in a material respect.” 6. Under The Federal Trade Commission Act Amendments of 1994, Section 5 of the FTC Act was amended so as to require the FTC--prior to finding an act or practice “unfair”--to first determine that the act or practice-- 1. Causes or is likely to cause substantial injury to consumers; 2. Is not reasonably avoidable by consumers and 3. Is not outweighed by countervailing benefits to consumers or competitors. 7. Ford’s false advertising is likely to cause substantial injury to consumers who seek to buy U.S.-made vehicles. The California Supreme Court has recently ruled that consumers have a right to buy “Made in the USA” products when the products are promoted and/or labeled as of American origin. Kwikset v. Superior Court, 51 Cal.4th 310 (Supreme Court of California, 2011). This ruling holds that country of origin is a material quality of a product. 8. Ford’s violations of law are not reasonably avoidable by consumers because Ford, and many of its dealers, hide the fact, and remove the country-of-origin labels, from many of its vehicles. 9. There are no countervailing benefits to consumers or competitors from Ford’s false and misleading advertising. IV. Request for Relief Petitioners request that the Federal Trade Commission order Ford Motor Company to institute corrective advertising and to post prominently on all Ford vehicles, at auto shows and in showrooms, the country of origin of the vehicles. The Foundation is willing to assist the FTC to monitor compliance with such an order and requests that Ford Motor Company be ordered to compensate the Foundation for two years of such compliance.
JOEL D. JOSEPH GENERAL COUNSEL] MADE IN THE USA FOUNDATION 9935 S. Santa Monica Blvd. Beverly Hills, CA 90212 (310) MADE-USA Directory: assets -> DOC DOC -> 12 Step Retreats For Everyone in Twelve Step Recovery Ratner Fellowship DOC -> 12 Step Retreats For Everyone in Twelve Step Recovery Ratner Fellowship DOC -> Central Government is expected to ask the seventh pay commission to consider merging 50% dearness allowance DOC -> Newsletter of the gfwc of Holden Beach P. O. Box 902, Supply, nc 28462 Volume 8, Issue 5, September 10, 2013 Julie Wolfe, President Judy Brock, Editor DOC -> Hurricanes: global warming has nothing to do with it DOC -> Hartford Wolf Pack 2015-16 Roster DOC -> The Transformation of Saatchi & Saatchi 1970-2006 (C) Navigating in a Shifting Landscape DOC -> Richard M. Dishman DOC -> Memorandum of understanding (Community Dental Service) Download 12.32 Kb. Share with your friends:
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