15 U.S.C. § 45a — Labels on products

submitted 32 years ago by Pub. L. 103-322 to r/title-15-COMMERCE-AND-TRADE · 253 words · no verdicts yet

in plain englishAI-generated · not legal advice

Companies selling "Made in the U.S.A." labeled products in commerce must follow FTC rules. The FTC can set what percentage of imported parts is still allowed. The FTC enforces this section as an unfair or deceptive practice.

If a person sells, advertises, offers for sale, or delivers for sale in commerce a product labeled "Made in the U.S.A." or "Made in America" (or an equivalent phrase) to represent that the product is wholly or mostly of domestic origin, that label must be consistent with the Federal Trade Commission's existing decisions and orders issued under section 45 of this title. This section only applies to those kinds of labels. It does not stop any other law about labeling from applying too. The Commission may, from time to time, decide what percentage of imported components a product may still contain and reasonably be considered consistent with its decisions and orders. A product can still carry the label even with imported components, as long as the label also clearly and plainly discloses that fact. The Commission enforces this section under section 45 of this title, and may issue rules through the normal rulemaking process in section 553 of title 5. If the Commission issues such a rule, violating it is treated as violating a rule against unfair or deceptive acts or practices under section 57a of this title. This section became effective once the Commission published a notice about it in the Federal Register. The Commission was required to publish that notice within six months after September 13, 1994.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 103–322, title XXXII, § 320933, Sept. 13, 1994, 108 Stat. 2135.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-322 · 108 Stat. 2135

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.

all 0 arguments · sorted by: best

no arguments yet — make the first case