16 CFR Part 323 — Made in USA Labeling

PART 323—MADE IN USA LABELING Authority: 15 U.S.C. 45a. Source: 86 FR 37032, July 14, 2021, unless otherwise noted. § 323.1 Definitions. As used in this part: (a) The term Made in the United States (b) The terms mail order catalog mail order promotional material § 323.2 Prohibited acts. In connection with promoting or offering for sale any good or service, in or affecting commerce as “commerce” is defined in section 4 of the Federal Trade Commission Act, 15 U.S.C. 44, it is an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. 45(a)(1), to label any product as Made in the United States unless the final assembly or processing of the product occurs in the United States, all significant processing that goes into the product occurs in the United States, and all or virtually all ingredients or components of the product are made and sourced in the United States. § 323.3 Applicability to mail order advertising. To the extent that any mail order catalog or mail order promotional material includes a seal, mark, tag, or stamp labeling a product Made in the United States, such label must comply with § 323.2. § 323.4 Enforcement. Any violation of this part shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act, 15 U.S.C. 57a, regarding unfair or deceptive acts or practices. § 323.5 Relation to Federal and State laws. (a) In general. et seq., et seq., et seq. (b) Greater protection under State law. § 323.6 Exemptions. Any person to whom this rule applies may petition the Commission for a partial or full exemption. The Commission may, in response to petitions or on its own authority, issue partial or full exemptions from this part if the Commission finds application of the rule's requirements is not necessary to prevent the acts or practices to which the rule relates. The Commission shall resolve petitions using the procedures provided in § 1.31 of this chapter. If appropriate, the Commission may condition such exemptions on compliance with alternative standards or requirements to be prescribed by the Commission. [86 FR 59854, Oct. 29, 2021]

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