musa_diggers_closing_letter_12-1-17.pdf

The Federal Trade Commission (FTC) has decided not to pursue an investigation into Diggers Pool Services, Inc.'s ("Diggers") marketing materials after the company removed "Made in USA" claims and obtained additional substantiation for product-specific claims. The concerns were that certain marketing materials overstated the extent to which products sold by Diggers are made in the United States. Key points:

• Diggers sells swimming pool products, some of which are made in the US and others are wholly imported.
• "Made in USA" claims on company marketing materials suggested all or virtually all products were made in the US.
• Diggers updated its website and Google AdWords to remove "Made in USA" claims that applied to all products.
• The company obtained additional substantiation from pool liner suppliers for specific product claims.