"Made In America" - What Are The Labeling Requirements?

“Made In America” – What Are The Labeling Requirements?  

The Federal Trade Commission (FTC) is responsible for regulating “Made In America” labeling claims and the FTC’s goal is to prevent inaccurate labeling of products when products are not actually made in the USA or only partially made in the USA.  Before you start selling your products, please keep in mind the following and understand that there is no “bright line” test for determining your company’s compliance with the law so please consult with counsel.  Generally:

1. Unqualified Claims

A company might be able to make an “unqualified” claim that its products are “Made In The USA” if, an only if, all or virtually all of the product’s parts are from the USA and almost all of the product’s processing and manufacturing was completed in the USA. 

2. Qualified Claims

If you are unable to make an unqualified claim of origin, your company may be able to make a “qualified” claim that its products are “Made In The USA.”  A qualified claim is one that lets consumers know that the product is not made entirely of USA parts or components and typically lets consumers know the extent to which products were made in the USA or contain domestic parts.  While it’s true that qualified claims of origin are a slightly more “flexible,” such claims must still only be used if the product has significant USA content or processing.  Examples of qualified claims include “made in the USA with imported fabric” or “assembled in the USA with English materials.” 

Again, there is no bright line rules to follow so please consult an attorney for proper legal guidance.