New USDA Rules for FSIS-Regulated Products Aimed at Safeguarding Consumers

*This article was originally published in Landslide, an American Bar Association magazine
Are you sure that “Made in the USA” food product you just bought is truly American-made? This question is becoming increasingly pertinent in today’s global marketplace. Now, the United States Department of Agriculture (USDA) is tightening up existing rules regarding “Made in the USA” claims, leaving companies producing or selling Food Safety and Inspection Service (FSIS)–regulated products more vulnerable to enforcement actions if they make such claims in advertising or labeling without substantial evidence to back them up.
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Both the Federal Trade Commission (FTC) and the USDA endeavor to protect consumers and uphold the integrity of American manufacturing. As such, they have stringent rules that will further penalize companies for making misleading “Made in the USA” claims. This initiative aims not only at ensuring truth in advertising but also at protecting the reputation of American manufacturing and the trust that consumers place in products that claim to be American-made.

New USDA regulations potentially clarify that certain thresholds must be satisfied and disclosures must be made in order to make “Made in the USA” advertising claims on certain regulated food products without consequences. Similarly, the FTC has revised its “Made in the USA” regulations in the past year, which together with the USDA sends strong messages that they are committed to enforcing these rules and holding companies accountable for their claims.

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