"Made in the USA"
Complying with the Made in
USA standard is not as straightforward as it may seem. FTC
(and not FDA) regulates this marketing claim to prevent
deception and unfairness in the marketplace. FTC has
required that a product advertised as Made in USA or
Product of USA be "all or virtually all" made in the U.S.
The term U.S. includes the 50 states, the District of
Columbia, and the U.S. territories and possessions, such as
Puerto Rico, Guam or the U.S. Virgin Islands. This U.S.
origin claim applies to products and labeling, advertising,
and other promotional materials.
When products contain foreign
components but are packaged or assembled in the U.S. the
concept of "substantial transformation" becomes relevant.
Substantial transformation occurs when a new article emerges
with a new name, use and character. For example, coffee
beans that are imported from Brazil are
substantially-transformed when they are made into a
cappuccino beverage and
packaged in the U.S.; this new food can be labeled Product
Here are some additional
nuances to keep in mind when contemplating the Made in USA
or Product of USA claim in your labeling.
"All or virtually all"
means that all significant parts and processing that go
into the product must be of U.S. origin. The product
should contain no, or negligible, foreign content.
The food product's final
processing must take place in the U.S.
Consider the overall
impression of the labeling or advertising. Symbols or
images such as the U.S. flag or outline of the U.S. map
may imply a Made in USA claim.
Complying with the
Made in USA Standard for more information.
CFR Title 21 for
CFR Title 9 for
FDA Food Labeling
FTC Enforcement Policy on Food Advertising
USDA Policy Book for
Food Standards and Labeling
Canadian Food & Drug
Guide to Food Labelling and
Silliker/Food Consulting Company Label Claims
Food Label Community
for a discussion of the news
From the Archive
Perspective on Marketing Claims