INTERNATIONAL TRADE LAW
Country of Origin Labels: Made in USA & COOL Rules
A country of origin label tells the buyer where a product was made — but which rule governs that label depends on what you are selling and what claim you are making. Three different regimes overlap here: the FTC polices “Made in USA” claims, the USDA runs mandatory origin labeling for certain foods, and CBP requires imported goods to be marked at the border. Mixing them up is how compliant-looking products end up drawing penalties. This guide sorts out which rule applies to you.
Three Different Origin-Labeling Regimes
Most origin-labeling confusion comes from treating “country of origin” as one rule. It is three, each with its own agency, trigger, and penalty.
| Regime | Agency | Applies to | Core standard |
|---|---|---|---|
| “Made in USA” claims | Federal Trade Commission | Any product marketed as U.S.-made | “All or virtually all” made in the U.S. |
| COOL (food labeling) | USDA (FSIS / AMS) | Specific covered food commodities | Mandatory origin disclosure at retail |
| Import marking | Customs and Border Protection | Imported articles entering the U.S. | Mark legibly, permanently, conspicuously |
The first governs a voluntary marketing claim; the third is a mandatory marking duty on imports; the second sits in between, mandatory only for listed foods. You can be subject to more than one at once — an imported food sold with a “Made in USA” claim touches all three.
The FTC “Made in USA” Standard
If you label or advertise a product as “Made in USA” without qualification, the FTC requires that the product be “all or virtually all” made in the United States. That means final assembly or processing happens here, all significant processing is domestic, and all or virtually all components and materials are U.S.-sourced — foreign content must be negligible.
The standard is enforced. Under the FTC’s Made in USA Labeling Rule, an unqualified U.S.-origin claim on a product that doesn’t meet the test can draw civil penalties exceeding $53,000 per violation (the cap is adjusted for inflation annually), and the rule reaches labels, catalogs, and online listings alike. Where a product is partly foreign, you are not stuck staying silent — you can use an accurate qualified claim such as “Assembled in USA” or “Made in USA of imported parts,” as long as the qualifier is truthful and not misleading.
USDA COOL for Foods
Separately, the USDA administers Country of Origin Labeling (COOL), which requires retailers to disclose the origin of certain “covered commodities.” Today the mandatory list includes lamb, chicken, goat, wild and farm-raised fish and shellfish, certain fresh and frozen fruits and vegetables, peanuts, pecans, macadamia nuts, and ginseng.
Notably, muscle-cut and ground beef and pork were removed from mandatory COOL in December 2015, after the World Trade Organization found the U.S. rules discriminated against Canadian and Mexican imports and authorized retaliatory tariffs. So the common assumption that all meat at the grocery store carries a mandatory origin label is no longer correct.
For meat and poultry, the voluntary “Product of USA” claim is governed by a USDA final rule. To use “Product of USA” or “Made in the USA” on those products, the animal must have been born, raised, slaughtered, and processed in the United States, and the establishment must keep documentation supporting the claim. The label remains voluntary, but if you use it, it has to be earned.
Import Marking Is a Separate Question
None of the above is the same as the marking requirement that applies when goods cross the border. Under federal customs law, most imported articles must be marked with their country of origin so the ultimate purchaser in the U.S. knows where the item was made, and improperly marked goods face a marking duty and possible detention. That regime — the ultimate-purchaser test, substantial transformation, and the consequences of getting it wrong — is covered in our guide to country of origin marking rules for importers. Other product-specific labeling rules, such as Consumer Product Safety Commission requirements, can apply on top of origin marking.
Frequently Asked Questions
When can I label my product “Made in USA”?
When the product is “all or virtually all” made in the United States — final assembly is domestic, all significant processing is domestic, and foreign content is negligible. If that’s not true, use an accurate qualified claim like “Assembled in USA” instead of an unqualified one.
Is country of origin labeling required on all food?
No. Mandatory COOL applies only to listed “covered commodities” such as lamb, chicken, goat, fish and shellfish, certain produce, peanuts, pecans, macadamia nuts, and ginseng. Beef and pork were removed from mandatory COOL in 2015.
What does “Product of USA” mean on meat?
Under USDA’s rule, “Product of USA” or “Made in the USA” on meat and poultry requires that the animal was born, raised, slaughtered, and processed in the United States. The claim is voluntary but must be documented.
Is a “Made in USA” claim the same as customs marking?
No. “Made in USA” is an FTC-regulated marketing claim about U.S. origin. Customs marking is a CBP requirement that imported goods be marked with their foreign country of origin. They are governed by different agencies and different standards.
Origin labeling looks simple and routinely isn’t — the same product can sit under FTC, USDA, and CBP rules at once. Reidel Law Firm helps importers and brands get origin claims and marking right on flat-fee terms. Get an import compliance memo.
