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The Federal Trade Commission is empowered to initiate law enforcement actions against false or misleading claims that a product is of U.S. origin. Standards apply to U.S. origin claims that appear on products and labeling, advertising, and other promotional materials, including marketing through digital or electronic mechanisms.

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 United States. 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 United States.

A product that includes foreign components may be called “Assembled in USA” without qualification when its principal assembly takes place in the United States and the assembly is substantial. For the “assembly” claim to be valid, the product’s last “substantial transformation” should have occurred in the United States.

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