More than 10 years after making its controversial ruling, the Federal Trade Commission has annulled its 2005 preliminary decision barring export of the MX-80 album, “We’re an American Band.” The ruling, one of the first under the then-recently enacted “Made in America” Act required demonstrative evidence as to the national origin” of band members. Under the legislation, effective June 1, 2005, companies advertising products with the term “America” or “American” must file certification documentation with the FTC and U.S. Customs demonstrating that “all or virtually all” of the product-including processing and labor that go into the product-must be of U.S. origin. In this case, since the band claimed “We’re an American Band,” as its album title, the FTC required proof of national origin of each band member. The ruling has been officially expunged the band learned after making a Freedom of Information request.
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