On July 16, 2020, the Federal Trade Commission (FTC) published a Proposed Rule and requested comments by September 14, 2020 on the FTC’s enforcement of Made in USA claims. 85 Fed. Reg. 43162 (July 16, 2020).  Specifically, “Made in USA” claims are prohibited “unless: (1) final assembly or processing of the product occurs in the United States; (2) all significant processing that goes into the product occurs in the United States; and (3) all or virtually all ingredients or components of the product are made and sourced in the United States.” The FTC now seeks to codify this standard in the proposed regulations, apply it to mail order advertising, and add an enforcement provision. Increasing FTC enforcement actions can be expected when the Proposed Rule is finalized.

Please contact Sean Murray, Brian Murphy, or Ryan Thornton with questions or for assistance in filing exclusion extension requests or with questions on “Made in USA” labeling.