Labeling and Contents; Counterfeiting

Section 42 of the U.S. Trademark Act of 1946 prohibits importing into the U.S. any article of foreign origin that bears a name or mark that (1) copies or simulates the name of a manufacturer or trader afforded protection under U.S. law, including foreigners protected through treaty, convention or U.S. law; (2) is calculated to induce the public to believe that the article was manufactured in the U.S. or in any foreign country or locality other than the country or locality of actual manufacture.

Section 43 of the Trademark Act of 1946 prohibits the entry of goods marked or labeled with a false designation of origin or with any false description or representation including words or other symbols tending to falsely describe or represent the same.

The words "United States", "U.S.A.," or the name of any city or locality in the U.S. appearing on an imported article of foreign origin or its container, are considered to be calculated to induce the public to believe that the article was manufactured in the U.S., unless the name showing the country of origin appears in close proximity to the name that suggest domestic origin.

Deliberate removal, obliteration, covering, or altering of required country of origin markings after release from customs is punishable by fines and imprisonment.

The country of origin marking requirements are separate and apart from any special marking or labeling required on specific products by other agencies. Specific agencies should be contacted for special marking and labeling requirements.

The U.S. Customs laws require each imported article produced abroad to be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article permits, with the English name of the country of origin to indicate to the ultimate purchaser in the U.S. the name of the country in which the article was manufactured or produced. Articles that are otherwise specifically exempted from individual marking are an exception to this rule.*

Federal Trade Commission

The Federal Trade Commission (FTC) enforces a variety of federal antitrust and consumer protection laws. Under the Federal Trade Commission Act, the Commission is designated to:

(a) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce;
(b) seek monetary redress and other relief for conduct injurious to consumers;
(c) prescribe trade regulation rules defining with specificity acts or practices that are unfair or deceptive, and establish requirements designed to prevent such acts or practices;
(d) conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and
(e) make reports and legislative recommendations to Congress.

Labeling acts enforced by the FTC include the following:

• Wool Products Labeling Act 
• Fur Products Labeling Act 
• Textile Fiber Products Identification Act 
• Federal Cigarette Labeling and Advertising Act of 1966 
• Fair Packaging and Labeling Act 

Food and Drug Administration

Products regulated by the Food and Drug Administration (FDA) that are made in other countries must meet the same standards as foods, drugs, cosmetics, and medical devices manufactured domestically. The FDA ensures the following:

• foods produced in foreign countries for the United States are wholesome and sanitary 
• human and veterinary drugs, medical devices, and human biological products are safe and effective 
• cosmetics are safe 
• electronic products that emit radiation are safe 
• all products are properly labeled

*Source: Importers Manual USA, by Edward G. Hinkelman