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The Federal Trade Commission finalized a new rule that will crack down on marketers who make false, unqualified claims that their products are Made in the USA.

Under the rule, marketers making unqualified Made in USA claims on labels should be able to prove that their products are “all or virtually all” made in the U.S. Commissioner Rohit Chopra was joined by Chair Lina Khan and Commissioner Rebecca Kelly Slaughter in astatement, which noted the rule will especially benefit small businesses that rely on the Made in USA label, but lack the resources to defend themselves from imitators. The new rule codifies a broader range of remedies by the FTC, including the ability to seek redress, damages, penalties and other relief from those who lie about a Made in USA label. It will enable the FTC for the first time to seek civil penalties of up to $43,280 per violation of the rule.

While stiff penalties are not appropriate in every instance, they send a strong signal to would-be violators that they abuse the Made in USA label at their peril. “The final rule provides substantial benefits to the public by protecting businesses from losing sales to dishonest competitors and protecting purchasers seeking to purchase American-made goods,” said Chopra. “More broadly, this long-overdue rule is an important reminder that the commission must do more to use the authorities explicitly authorized by Congress to protect market participants from fraud and abuse.” In 1994, after the North American Free Trade Agreement took effect, Congress enacted legislation authorizing the FTC to seek penalties and other relief for Made in USA fraud, but only after the commission issued a rule. However, there had long been a bipartisan consensus at the FTC that Made in USA fraud should not be penalized. The final Made in USA Labeling Rule changes course on the commission’s longtime approach.

The rule does not impose any new requirements on businesses. Instead, it codifies the FTC’s longstanding enforcement policy statement regarding U.S.-origin claims. By codifying this guidance into a formal rule, the commission can increase deterrence of Made in USA fraud and seek restitution for victims.

Over the course of the rulemaking, the FTC heard from hundreds of ranchers and shrimpers concerned about Made in the USA labels that mislead consumers. The commission is pleased that in conjunction with this announcement, USDA Secretary Tom Vilsack has announced the USDA will complement the FTC’s efforts with its own initiative on labeling for products such as beef, and other agricultural products regulated by the Food Safety and Inspection Service.

The commission issued a notice of proposed rulemaking for this rule in June 2020. The commission received more than 700 comments on the proposed rule, most of which either were supportive, or sought changes that were not legally permissible. The final rule adds a provision allowing marketers to seek exemptions if they have evidence showing their unqualified Made-in-USA claims are not deceptive. The Made in USA Labeling Rule, which will be published in the Federal Register, incorporates guidance set forth in the commission’s previous decisions and orders and its 1997 enforcement policy statement on U.S. origin claims.

Consistent with this guidance, the rule will prohibit marketers from including unqualified Made in USA claims on labels unless: final assembly or processing of the product occurs in the U.S., all significant processing that goes into the product occurs in the U.S. and all or virtually all ingredients or components of the product are made and sourced in the U.S. The rule applies only to labeling claims. The FTC will continue to bring enforcement action against marketers that make deceptive U.S.-origin claims falling outside the rule under Section 5 of the Federal Trade Commission Act.

The FTC is authorized to seek penalties for violations of the rule. It does not supersede, alter or affect any other federal statute or regulation relating to country-of-origin labels.

The commission vote approving publication of the final Made in USA Labeling Rule in the Federal Register was 3-2. Commissioner Christine Wilson also issued a dissenting statement on the rule, and another dissenting statement regarding the overall meeting agenda.

Source: FTC

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CCC Intelligent Solutions Inc. named John Goodson senior vice president and chief technology officer.

Goodson joined CCC in 2020, successfully driving innovation across the business, accelerating application of AI throughout solutions and expanding industries served by the CCC Cloud platform, which today serves 30,000 businesses.

Goodson succeeds Pete Morowski, who is retiring after eight years with the company.

As chief technology officer, Goodson will lead research and development, product development, architecture, security, IT operations and infrastructure, business applications and data science. This will enable CCC to continue powering mission critical workflows, intelligent automation and better experiences for clients and the millions of drivers they serve.

Source: CCC As the business world continues to operate nearly a year and a half into the COVID-19 pandemic, The Boyd Group announced Aug. 11 sales are up and demand has increased in the U.S. for the company’s services to the point more staff is needed, and the company acquired more locations.

The Boyd Group is one of the largest operators of non-franchised collision repair centers in North America, operating under various brand names in Canada and the U.S. The company owns Gerber Collision & Glass, Gerber National Claims Processing, Glass America, Boyd Auto Body & Glass and Assured Collision Repair Professionals.

“Comparing the second quarter of 2021 to the same period of 2020 demonstrates how significantly the business was impacted by the pandemic one year ago and how far we have come since that time,” Timothy O’Day, the Boyd Group president and CEO, said in an announcement Aug. 11 about the company’s second quarter of 2021 results. “During the second quarter, we saw infection numbers and restrictions decrease, while vaccination levels increased.”

The company “achieved strong same-store sales growth in the quarter,” which ended June 30.

“Although we continued to experience reduced demand in certain markets at the beginning of the second quarter, demand accelerated in most U.S. markets as the quarter progressed, O’Day said in the announcement. “By the end of the second quarter, demand in the U.S. was at meaningfully higher levels than we experienced in the first quarter of 2021.” According to O’Day, the company still has work to do to meet the increasing level of demand when it comes to staff and technicians.

While still at below pre-pandemic levels, demand for collision repair accelerated in the U.S. during the second quarter of 2021 “in stark contrast with the second quarter of 2020 where demand was significantly diminished due to the COVID-19 pandemic and expenses were aggressively reduced accordingly,” the announcement said.

Boyd’s sales increased by 44.4% in the second quarter of 2021, to $444.6 million from $308 million during the same period in 2020. The company’s cash balance was $35.6 million.

Boyd acquired 39 locations, including 16 locations previously operated as John Harris Body Shops in Georgia and South Carolina. Just after the second quarter ended, Boyd followed up and acquired 39 additional locations, 35 of which operated as Collision Works in Oklahoma, Kansas and Missouri.

O’Day said, as demand continues to increase in 2021 and sales are still below pre-pandemic levels, “demand is exceeding our capacity in all U.S. markets.” The company is working on adding more staff.

In Canada, however, demand remains significantly lower than before the pandemic.

“Looking to the balance of 2021 and beyond, we continue to be confident that we will maintain progress toward our long-term growth targets and operational plans,” O’Day said. (C) 2021 by glassbytes.com. Reprinted with permission. All rights reserved. For more information contact www.glassbytes.com.

Toyota Debuts Mobile Collision Assistance Service

Toyota and Lexus drivers now have a new assistance service available to them in the moments following a collision. Collision Assistance, a just-intime support service, is now available to drivers within the Toyota and Lexus mobile app. The feature within the Toyota and Lexus Owners Apps offers guided instructions to help drivers navigate a post-collision repair process.

Toyota worked with CCC Intelligent Solutions Inc., a leading SaaS platform for the multi-trillion-dollar P&C insurance economy, to develop Collison Assistance. The CCC mobile technology combines guided accident documentation and access to claims and management services to assist drivers following a collision. Toyota transmits accident and vehicle telematics data to CCC to initiate the program.

Collision Assistance is designed to let the customer choose how they’d like to handle the claim and repair processes, providing convenience and safety while also ensuring owners are informed about the process through completion.

“Safety for our customers is paramount,” said Steve Basra, Toyota Motor North America, Connected Technologies group vice president. “The minutes following an accident can be critical---drivers are often confused and uncertain about what to do. By incorporating Collision Assistance into our owner app, we can offer help when it is needed. We aim to deliver innovative features to our drivers. With Collision Assistance, we’re offering additional safety and peace of mind.” Collision Assistance is an extension of the Safety Connect suite of features available to Toyota and Lexus owners who have an active subscription or are within the trial period of select 2018 model year or newer Toyota and Lexus vehicles.

After the driver has confirmed they are safe and without injury, the Collision Assistance app can be used to guide drivers to collect important accident documentation, connect them to a network of auto insurers for optional claim submission and provide search capabilities to help locate a collision repair facility. The feature will prompt drivers through the entire process, from data gathering and insurance claim management all the way through collision repair.

“Toyota is taking a comprehensive approach to post-collision management, and we’re proud to support its mission to deliver world-class safety experiences to drivers,” said Andreas Hecht, CCC’s OEM Services Group SVP. “By using CCC’s technology to establish a personal, near-real time connection with drivers, automakers can positively impact the often-stressful post-collision experience.” The Collision Assistance Feature is made available to Toyota and Lexus owners through the Owners App. Toyota and Lexus Owners App downloads are available for iPhone orAndroid smartphones.

To learn more about Collision Assistance, visitToyota USAonYouTube.

Source: Toyota, CCC Intelligent Solutions Inc.

General Motors Names Global Leads

General Motors announced the appointment of Kent Helfrich as vice president, Global Research and Development, chief technology officer and president, GM Ventures; and Omar Vargas as vice president and head of Global Public Policy.

Both appointments were effective Aug. 1.

Helfrich is currently executive director, Advanced Technology and Partnerships. He replaces Matt Tsien, who has elected to retire after 45 years with the company.

Vargas was most recently senior vice president and chief Government Affairs officer for 3M Company. Vargas held multiple government affairs positions at 3M between 2017 and 2021, including being named senior vice president and chief Government Affairs officer in April 2021.