The investment of significant time and resources into collecting recyclable material, delivering it to refiners in the United States, and then processing to a purity level of almost 100% may not be enough, alone, to assign a new and different origin to recycled material.
Notable is a prior Federal Trade Commission advisory opinion on the issue that references consumer perception testing on U.S.-origin claims. It found that 57% of Americans – almost 3 in 5 – agree that “Made in America” means that all parts of a product, including any natural resources it contains, originated in the United States. The survey also found that 33% of consumers think 100% of a product must originate in a country for that product to be called “Made” in tha
According to the FTC, consumers may be deceived by a Made in USA marketing claim for a product containing components or natural resources that originate outside the United States. Advertisers and manufacturers should consult with an experienced FTC Made in USA lawyer to discuss whether an unqualifed country-of-origin claim can be substantiated in light of whether all components of a recycled piece – including natural resources – originated in the United States. Unqualified U.S.-origin claims are aggresively policed by regualtory agencies and the failure to ensure that reasonble evidence exists to support such claims may be considered unlaw and a violation of the FTC Labeling Rule.
Federal Trade Commission guidance reflects that when consumers view Made in USA representations, they expect advertised products to be “all or virtually all” made in the United States – all the way back to raw materials. An experienced Made in USA lawyer is a valuable resource for those wishing to avoid regulatory scrutiny or private litigant threats where, for example, products are purchased from U.S. suppliers and the origin of raw materials is unknown.