Made in USA and Endorsement Claim Readiness for Consumer Brands
Support an unqualified Made in USA claim from the bill of materials, and disclose endorser connections the audience would not expect.
In Short
- All three tests, together.
- Reopen claims on BOM change.
- Disclose material connections.
The Consumer Products Guide
The right parts. Tested products. The right box on the truck.
- Which rules reach your product
- Suppliers, BOM revisions and variants
- Assembly, tests, holds and packaging
We ask for your name and email so we can handle this request. The full guide then opens on this site, ready to translate, print or save. Privacy policy. Practical orientation, not legal advice; your quality unit decides which rules apply.
UltimateFree guide
The Consumer Products Guide
The right parts. Tested products. The right box on the truck.
Two FTC texts shape how many consumer products are marketed: the Made in USA Labeling Rule at 16 CFR Part 323, and the Guides Concerning the Use of Endorsements and Testimonials in Advertising at 16 CFR Part 255. This guide explains what each asks of a brand and the records behind the claims. It is orientation, not legal advice. Sources checked 4 Oct 2026.
The unqualified Made in USA standard
Section 323.2 makes it an unfair or deceptive practice to label a product Made in the United States unless final assembly or processing occurs in the United States, all significant processing occurs in the United States, and all or virtually all ingredients or components are made and sourced in the United States. Section 323.1(a) defines Made in the United States as any unqualified representation, express or implied, of US origin, including words such as made, manufactured, built or produced in the United States or America.
Unqualified claim test (323.2)
More on the unqualified Made in USA standard
All three conditions apply together.
Where the rule reaches, and what it leaves alone
Section 323.3 extends the standard to seals, marks, tags or stamps in mail-order catalogues and promotional material. Section 323.5 says the rule does not displace other federal country-of-origin labelling requirements, such as those for meat, poultry and eggs, and preserves some State requirements.
More on where the rule reaches, and what it leaves alone
Qualified claims, such as stating what portion was made in the United States, are outside this guide; agree the exact wording with counsel.
The Component Evidence File
An unqualified claim stands or falls on the bill of materials. For each SKU, keep the components and ingredients, where each is made and sourced, and the significant processing steps and their locations.
Common gap. A claim checked once at launch and never reopened after a supplier change.
Worked Example: SKU T-200 BOM Review
| Component | Made and sourced |
|---|---|
| Housing | US |
| Heating element | US |
| Timer module (new supplier) | Outside US |
| Decision | Claim reopened for review |
- Housing
- Made and sourced
- US
- Heating element
- Made and sourced
- US
- Timer module (new supplier)
- Made and sourced
- Outside US
- Decision
- Made and sourced
- Claim reopened for review
More on the Component Evidence File
A claim approved for one supplier mix can stop being true when purchasing switches a component. Link the claim to the BOM version and reopen it when the BOM changes.
Endorsements and Material Connections
The Endorsement Guides are administrative interpretations of section 5 of the FTC Act (255.0). Section 255.5 says a connection between endorser and seller that might materially affect the weight or credibility of the endorsement, and that the audience would not expect, must be disclosed clearly and conspicuously.
More on endorsements and Material Connections
Connections include payment, free or discounted products, family and business relationships, and other benefits such as early access. Keep a register of endorsers and their connections, and check disclosures before content goes live.
Keeping both claims under control
Treat origin claims and endorsement content as controlled marketing content. Keep one approved claim list per SKU, route changes through regulatory and quality review, and record who approved each version.
More on keeping both claims under control
When sourcing, packaging or endorsement relationships change, reopen the affected claims. People approve claims; a system records the evidence and the approval trail. Review the register at least whenever a product, supplier or campaign changes, and keep the superseded versions so you can show what was said, and on what evidence, at any date.
Questions
What does an unqualified Made in USA claim require?
US final assembly or processing, all significant processing in the US, and all or virtually all ingredients or components made and sourced in the US (16 CFR 323.2).
Does the rule cover catalogues and online sales?
Section 323.3 applies the standard to seals, marks, tags or stamps in mail-order catalogues and promotional material, which 323.1(b) defines to include electronic materials.
Do free products to reviewers need disclosure?
Under 16 CFR 255.5, free or discounted products can be a material connection that must be disclosed clearly and conspicuously if the audience would not expect it.
Where does V5 fit?
V5 keeps BOMs, supplier approvals and documents, and label versions linked, so your team can review origin evidence when components change. Your team decides and approves claims.
Practical orientation, not legal advice. Rules differ by jurisdiction; your quality and compliance team decides what applies.
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