The Federal Trade Commission’s “Made in the USA” Rule requires that that “the final assembly or processing of the product occurs in the United States, all significant processing that goes into the product occurs in the United States, and all or virtually all ingredients or components of the product are made and sourced in the United States.” But if any of these conditions are not met, the claim that the product is made in the United States is misleading and unlawful.
In one example, consumer products manufacturer Reynolds was sued in a class action alleging that its aluminum foil is manufactured from raw materials sourced outside the USA. Washington v. Reynolds Consumer Products LLC, Case No. 1:24-cv-2327 (S.D.N.Y. Mar. 27, 2024). Because these claims are easy marks for class-action plaintiffs, businesses should review their manufacturing and sourcing practices to ensure that any products they claim are made in the USA comply with this rule. Our advertising and marketing attorneys can provide guidance and help ensure marketing claims are compliant.
