
Flagpole Company Hit with $2 Million FTC Judgment Over Made in USA Claims
FTC Claim Insight
Patriotic Products Industry | April 30, 2026
On April 30, 2026, the Federal Trade Commission entered into an amended stipulated order against Americana Liberty LLC and Three Nations Capital LLC, resolving allegations related to Made in USA advertising and labeling claims involving patriotic-themed consumer products. The case was filed in the U.S. District Court for the Southern District of Florida under case number 0:26-cv-61085-LEIBOWITZ.
According to the FTC’s complaint, the companies labeled and advertised certain products as “Made in the USA,” including flagpole kits, flags, related parts and accessories, and fire pits. The products were marketed through Stand Flag Poles and Americana Flag Poles.
The FTC also alleged violations of the Textile Fiber Products Identification Act involving required country-of-origin disclosures and labeling for certain textile products.
The defendants neither admitted nor denied the allegations, except as necessary to establish the Court’s jurisdiction. As part of the order, they also waived their rights to appeal or otherwise challenge the validity of the order.
Under the order, the defendants are permanently prohibited from making unqualified Made in the United States claims unless the products meet FTC standards for domestic origin, including final assembly in the United States, significant processing in the United States, and products that are all or virtually all made from U.S.-sourced components.
Qualified claims remain permitted only when accompanied by clear and conspicuous disclosures regarding imported content.
The order also prohibits misleading or unsubstantiated country-of-origin representations unless the defendants possess and rely on a reasonable basis for such claims at the time they are made.
In addition to Made in USA restrictions, the order imposes specific disclosure requirements for textile fiber products, including mandatory origin labeling for imported textile products and required disclosures in product descriptions and promotional materials.
As part of the judgment, the Court entered monetary relief totaling $2,000,000, jointly and severally against the defendants.
The defendants are required to pay $167,743.15 within 14 days of entry of the order. The remaining balance of the judgment is suspended based on financial disclosures submitted to the FTC in March 2026.
The suspension of the remaining judgment is conditioned on the truthfulness and completeness of those financial disclosures. If the FTC later determines that material assets were omitted, asset values were materially misstated, or other material omissions occurred, the suspended balance may become immediately due.
In addition to monetary and injunctive relief, the order requires customer notification and consumer redress measures.
The defendants must identify all consumers who purchased flagpole kits, flags, or related parts and accessories between December 2024 and February 2026 and notify affected customers within 30 days of the order.
The order includes FTC-mandated customer notification emails that must be sent to affected customers.
In the required notice, customers are informed that the FTC sued the companies for deceptive and false Made in USA advertising and labeling and that products they purchased were not all or virtually all Made in the USA.
The notice further states that some products—including American Flags, Military Flags, and Flagpole Kits—were either wholly imported or contained significant imported components.
The defendants must submit a report on their customer notification program within 60 days and again at the conclusion of the program. They must also provide customer information to the FTC upon request to support consumer redress.
The order also imposes long-term compliance obligations.
Within one year, the defendants must submit compliance reports under penalty of perjury. For 20 years, they must report significant business changes that could affect compliance and maintain records related to accounting, complaints, compliance documentation, and advertising materials containing Made in USA claims.
The defendants must also create compliance-related records for 20 years and retain each record for five years, including accounting records, personnel records, consumer complaints, refund requests, compliance documentation, and all advertisements containing express or implied Made in USA claims.
The order represents a recent FTC enforcement action involving Made in USA claims and textile origin disclosure requirements related to patriotic-themed consumer products.
https://www.ftc.gov/legal-library/browse/cases-proceedings/252-3127-americana-liberty-ftc-v

