§45a — Title 15 Commerce and Trade | U.S. Code

Summary

Products labeled “Made in the U.S.A.” or “Made in America” must follow the Federal Trade Commission’s (FTC) decisions and orders under section 45. This rule only covers those kinds of labels. Other laws about labeling can still apply. The FTC can decide how much foreign content is allowed and can let a product use the label if the maker clearly says it has imported parts. The FTC will run and can make rules under section 553 of title 5, and breaking a rule counts as an unfair or deceptive practice under section 57a. The rule took effect when the FTC published a Notice in the Federal Register, which the FTC had to publish within six months after September 13, 1994.

Title 15, §45a

Commerce and Trade — Source: USLM XML via OLRC

To the extent any person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce a product with a “Made in the U.S.A.” or “Made in America” label, or the equivalent thereof, in order to represent that such product was in whole or substantial part of domestic origin, such label shall be consistent with decisions and orders of the Federal Trade Commission issued pursuant to section 45 of this title. This section only applies to such labels. Nothing in this section shall preclude the application of other provisions of law relating to labeling. The Commission may periodically consider an appropriate percentage of imported components which may be included in the product and still be reasonably consistent with such decisions and orders. Nothing in this section shall preclude use of such labels for products that contain imported components under the label when the label also discloses such information in a clear and conspicuous manner. The Commission shall administer this section pursuant to section 45 of this title and may from time to time issue rules pursuant to section 553 of title 5 for such purpose. If a rule is issued, such violation shall be treated by the Commission as a violation of a rule under section 57a of this title regarding unfair or deceptive acts or practices. This section shall be effective upon publication in the Federal Register of a Notice of the provisions of this section. The Commission shall publish such notice within six months after September 13, 1994.

Editorial Notes

Codification Section was enacted as part of the Violent Crime Control and Law

Enforcement

Act of 1994, and not as part of the Federal Trade Commission Act which comprises this subchapter.

§45a Labels on Products

Summary

Title 15, §45a

Notes & Related Subsidiaries

Editorial Notes

Enforcement

Citations & Metadata