FTC Approves Final Order against Electrowarmth Products, LLC and its Owner, Barring Them from Deceptive Made in USA Labeling Claims

Following a public comment period, the Federal Trade Commission has finalized a consent order against Electrowarmth Products, LLC and its owner, Daniel W. Grindle, barring them from deceptively claiming the heated fabric mattress pads they sell for truck bunks are made in the USA.

The final order prohibits Grindle and Electrowarmth from making any country-of-origin claim about a product or service unless the claim is not misleading and they have a reasonable basis that substantiates their claim. It also requires the respondents to make certain disclosures about the country of origin of any product subject to the Textile Fiber Products Identification Act, and to provide compliance reports. The order also imposes a suspended $815,809 monetary judgment.

Based in Ohio, Grindle and Electrowarmth sell mattress pads of varying sizes, with wires and thermostats that provide heat. According to the FTC’s complaint, before 2019, Electrowarmth used U.S.-made textiles for mattress pads intended for use in truck bunks. But in a cost-cutting move, they decided to move production to China and stop using U.S.-made textiles, while continuing to market their heated trunk bunk mattress pads as “Made in USA,” “Made in the USA since 1939,” and “made-in-America products.”

The Commission vote approving final order and letters to the commenters of record was 4-0.