The types of claims

“Made in the USA” claims can be “unqualified” or “qualified.” Unqualified means that “all or virtually all” significant parts and processing are of U.S. origin. The product may contain a small amount of foreign ingredients if they’re not significant—the knobs of a barbecue grill, for instance. Companies must be able to document any claim.

Qualified claims, the main cause of confusion, come in many forms, but each must tell the whole story. Take the new iPad Mini. The packaging says, “Designed by Apple in California, Assembled in China.” That’s an acceptable claim. By contrast, a company could land in trouble if it said “created in the U.S.” without specifying the country of manufacture, since consumers are likely to interpret a vague, stand-alone term like “created” as all-inclusive. The FTC requires companies to post prominent, unambiguous statements (such as the actual country of origin) to leave an accurate impression.

Readers who have sent us complaints seem most irritated by foreign-made products whose makers have patriotic names (American Mills, Americana Olives, Great American Seafood, United States Sweaters, the U.S. Lock company) or whose packages have flag-waving slogans (“true American quality”) or symbols (pictures of the flag, eagle, Statue of Liberty). But all of those products are likely to be legal as long as they leave a clear impression about where they’re made.

Another type of labeling law, enforced by U.S. Customs and Border Protection with an assist from the Department of Agriculture, requires imported goods to bear a country-of-origin label when they enter the U.S. If an import combines materials or processing from more than one country, the agency considers the country of origin to be the last country in which a “substantial transformation” occurred—for example, the place where a computer was fabricated, not the country that supplied most parts.

The USDA’s Agricultural Marketing Service is responsible for administering and enforcing country-of-origin labeling of certain foods. Large retailers must use signs, labels, or stickers to identify the birthplace of covered commodities (most meat, fish, fresh or frozen fruits, vegetables, and some nuts). That’s why some brands of salmon are labeled both “wild-caught Alaskan” and “Product of Thailand.” The fish was caught in U.S. waters but took a detour to Asia to be skinned and boned (to take advantage of cheaper labor) before making its return voyage. Under the law, that side trip must be noted.

Bottom line. If you want to buy American products, these tips should help: