Advertising Law Tool Kit - Tenth Edition | 2022

Venable / 37 Before getting patriotic with your claims, consider the following: • Analyze your cost of goods sold to make sure manufacturing takes place in the United States and a significant majority of the components or ingredients are also from the United States. • Look back and ask your suppliers where the inputs originated. It is not sufficient to buy a part from a U.S. company and assume that the part is American made. • If your product must be labeled as made in a foreign country under U.S. customs laws, you cannot make a Made in USA claim. • Featuring a flag or an eagle could be understood as making a Made in USA claim. • If you market in California, analyze your claim for compliance with California’s Made in USA law, which has U.S. wholesale value thresholds of 90% or 95%, depending upon certain factors.