If consumers believe a product was manufactured by a company that respects property rights—whether based on a company’s code of conduct, participation in a trade association that demands lawful conduct by participants, or other public statements by a manufacturer—yet the company knowingly uses stolen IT, a deception has occurred that might violate the FTCA.
For deceptive practices, the agency is authorized to take action if it can establish that (1) there was a representation;
(2) the representation was likely to mislead customers acting reasonably under the circumstances, and
(3) the representation was material.”