The New York Law Journal quoted Richard B. Newman in an article titled “Uptick in ‘Made in USA’ Actions and Remedial Plans.” The article, published November 19, 2018, discusses the recent proliferation of U.S. origin investigations and enforcement actions by the Federal Trade Commission. According to the article, manufacturers of products labeled or advertised with U.S. origin claims should familiarize themselves with the recent regulatory landscape and how corrective action plans are being implemented.
Newman, a leading FTC advertising compliance and defense lawyer at Hinch Newman LLP, says, “In order to expressly or impliedly refer to a product as Made in USA or to be of domestic origin without qualification, the product must be “all or virtually all” made in the U.S. In other words, all significant parts and processing that go into the product must be of U.S. origin. According to the FTC guidance, the product should contain no — or negligible — foreign content and final assembly or processing must take place in the U.S.”