--- title: "Can you say Made in USA in a resale listing? FTC rules" description: "The FTC's Made in USA standard covers online listings, flags and implied claims, with no exception for resellers or used goods. The rule, with examples." canonical: https://resellerindex.com/seller-laws/made-in-usa-claims-resale/ last_updated: 2026-10-23 publisher: "The Reseller Index" --- # Can you write "Made in USA" when you relist an item? Only if the claim is true under the FTC's "all or virtually all" standard: final assembly or processing in the U.S., all significant processing in the U.S., and all or virtually all components made and sourced in the U.S., and the FTC applies that standard to online listings and implied claims such as flag images, not just to labels. The Made in USA Labeling Rule (16 CFR Part 323) names no exception for resellers or used goods, so a listing that reports exactly what the original label says, rather than making an origin claim of your own, keeps you to facts you can show, and a required foreign-origin label must never be removed. General information about federal law, not legal advice. This page quotes the rule and the agency's own guidance; it can't tell you whether your business meets them, and state law and marketplace policies can add more. For your own situation, check with a lawyer. Made in USA, textile, wool and fur labeling (16 CFR Parts 300, 301, 303 and 323). Checked against the official sources below on Oct 23, 2026. ## The rule, in its own words > “…to label any product as Made in the United States unless the final assembly or processing of the product occurs in the United States, all significant processing that goes into the product occurs in the United States…” 16 CFR 323.2. [eCFR (Office of the Federal Register)](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-323); eCFR, up to date as of Oct 21, 2026. > “…includes a seal, mark, tag, or stamp labeling a product Made in the United States, such label must comply with…” 16 CFR 323.3, mail order advertising. [eCFR (Office of the Federal Register)](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-323); eCFR, up to date as of Oct 21, 2026. > “It also applies to all other forms of marketing, including marketing through digital or electronic mechanisms, such as Internet, email, or social media.” FTC, Complying with the Made in USA Standard, on the Made in USA Policy Statement. [Federal Trade Commission](https://www.ftc.gov/business-guidance/resources/complying-made-usa-standard); July 2024. > “Ordinarily, the FTC will not consider a manufacturer or marketer’s use of an American brand name or trademark by itself as a U.S. origin claim.” FTC, Complying with the Made in USA Standard, "Brand names and trademarks". [Federal Trade Commission](https://www.ftc.gov/business-guidance/resources/complying-made-usa-standard); July 2024. ## Two layers: the rule and the policy - **The Labeling Rule** (16 CFR 323, effective Aug 13, 2021) covers labels that make unqualified Made in USA claims and any online or other mail-order material with a "seal, mark, tag, or stamp" saying so (323.3). Mail-order promotional material includes anything "disseminated in print or by electronic means" that sells without the buyer examining the product first (323.1(b)). - **The Made in USA Policy Statement** reaches every other U.S.-origin claim, express or implied, in any marketing including online and social media. The test is the "net impression" the listing gives. - **The same standard runs through both:** "all or virtually all" made in the U.S., which the FTC says means the product "should contain no — or negligible — foreign content." ## Listing phrases, sorted *How FTC guidance treats origin wording. Based on 16 CFR 323 and "Complying with the Made in USA Standard" (July 2024).* | In your listing | How the FTC treats it | | --- | --- | | “Made in USA”, “American made”, “USA”, “Built in USA” | Express, unqualified claims. Must meet "all or virtually all." | | A U.S. flag, a map outline, or “from our Ohio workshop” | May be an implied origin claim, depending on the overall impression. | | “Vintage \[well-known American brand\]” | A brand name alone is ordinarily not an origin claim. | | “Assembled in USA” | Allowed when the principal assembly is in the U.S., is substantial, and is the last substantial transformation; simple screwdriver assembly usually doesn't qualify. | | “Made in USA of U.S. and imported parts” | A qualified claim; the FTC says avoid it unless U.S. content or processing is significant. | | “Label reads: Made in U.S.A.” with a photo of the tag | Not addressed by the FTC guidance. It reports what the label says rather than adding a claim of your own, but the FTC judges the listing's overall impression. | ## What changes when you are the reseller - **No reseller carve-out.** 323.2 applies "in connection with promoting or offering for sale any good", and the guide addresses "manufacturers and marketers". Nothing in either exempts used goods or second sellers. - **You need a reasonable basis.** The FTC says a marketer making an unqualified claim "must have — and must rely on — a “reasonable basis”" for it. A reseller usually knows only what the label says. - **Don't remove origin labels.** Among the import frauds the FTC lists is "removing a required foreign origin label before the product is delivered to the ultimate purchaser." - **Textiles, wool and fur have their own origin rules.** Online listings for covered textile and wool products must say whether the item was made in the U.S., imported or both; see [new clothing listings](https://resellerindex.com/seller-laws/new-clothing-made-in-usa-or-imported/). ## Enforcement in 2025 and 2026 - **Jul 8, 2025:** FTC warning letters to four companies, and letters to two large online marketplaces about third-party sellers whose listings appeared to make deceptive Made in USA claims. - **Apr 14, 2026:** three law enforcement actions, which the FTC said followed a March Executive Order on truthful "made in America" advertising. In one, the FTC alleged that products given final assembly in the U.S. were falsely sold as Made in the USA because essential parts, such as computer chips, cameras and flatscreen monitors, were made abroad: U.S. assembly alone doesn't meet the standard. - **Jul 6, 2026:** warning letters to seven more companies over Made in USA claims and one over a "Made in Texas" claim. ## Edge cases - **State law can add more.** Part 323 doesn't displace state country-of-origin rules that give consumers greater protection (323.5(b)). - **Competitors can sue.** The FTC notes the Lanham Act lets a person damaged by a false designation of origin sue the party that made it. - **Food is different.** USDA and FDA rules on food origin labeling aren't affected by Part 323 (323.5(a)). - **A whole shop isn't a product line claim.** The FTC warns against saying or implying a whole product line is U.S.-made ("Our products are made in USA") when only some items are. - **Comparative claims** like "more U.S. content" must be truthful, substantiated and based on a meaningful difference. ## What to do 1. Leave origin claims out of your own copy unless you can show the item is all or virtually all U.S.-made. 2. If the original label states an origin, photograph it and describe it as the label's wording. 3. Skip flag emoji and patriotic graphics on items you can't substantiate. 4. Never cut out or cover a "Made in" label before sale. 5. For clothing and household textiles, follow the [origin statement rule for listings](https://resellerindex.com/seller-laws/new-clothing-made-in-usa-or-imported/). ## Penalties, as the agency states them The FTC and the CFR state the exposure this way: > “Marketers are now subject to civil penalties if they use an unqualified Made in USA label on a product that is not “all or virtually all” made in the U.S., including in catalogs or online.” FTC, Complying with the Made in USA Standard, introduction. [Federal Trade Commission](https://www.ftc.gov/business-guidance/resources/complying-made-usa-standard); July 2024. > “Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A) —$53,088…” 16 CFR 1.98(d), the current maximum civil penalty for knowing rule violations. [eCFR (Office of the Federal Register)](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-A/part-1/subpart-L/section-1.98); eCFR, up to date as of Oct 21, 2026. ## Questions ### Can I list a vintage item as Made in USA because the tag says so? The rule has no exception for vintage or used goods, and a marketer needs a reasonable basis for an unqualified claim. Describing what the tag says, with a photo, reports a fact; how the FTC would view a particular listing depends on its overall impression. Check with a lawyer if the claim matters to the sale. ### Does a U.S. brand name count as a Made in USA claim? Ordinarily not by itself, the FTC says, unless the name itself denotes U.S. origin. ### Is there a penalty for small sellers? The Labeling Rule is enforced as an FTC trade regulation rule (323.4), and 16 CFR 1.98 sets the current maximum civil penalty for knowing rule violations at $53,088 per violation. The rule doesn't scale by seller size. ## Related questions - [Does a listing for new clothing have to say "Made in USA" or "Imported"?](https://resellerindex.com/seller-laws/new-clothing-made-in-usa-or-imported/) Yes, for covered new textile and wool products: the listing must say made in USA, imported, or both, consistent with the label. - [Do textile labeling rules apply to used clothing you resell?](https://resellerindex.com/seller-laws/used-clothing-fiber-content/) Discernibly secondhand clothing is excluded from the Textile Act, until your listing names a fiber without a full disclosure or gets one wrong. - [Are you a high-volume seller under the INFORM Consumers Act?](https://resellerindex.com/seller-laws/inform-act-high-volume-seller/) 200 or more sales of new or unused items and $5,000 in any 12 straight months of the last 24, counted marketplace by marketplace. Used goods don't count toward the 200. - [What must a listing for a used or vintage fur say?](https://resellerindex.com/seller-laws/vintage-fur-used-fur-label/) The animal's Name Guide name, "used fur" and "Second-hand", dyed or natural, pieces, and fur origin ("Fur origin: Unknown" is allowed for used furs). Also on this site: [Cheapest way to ship clothes](https://resellerindex.com/guides/cheapest-way-to-ship-clothes/) [All 14 federal rule questions for online resellers](https://resellerindex.com/seller-laws/) ## Sources Every rule, number and date on this page comes from these official pages, each read on Oct 23, 2026; quotes are copied word for word. General information, not legal advice. - [16 CFR Part 323: Made in USA Labeling](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-323) (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026) - [FTC: Complying with the Made in USA Standard](https://www.ftc.gov/business-guidance/resources/complying-made-usa-standard) (Federal Trade Commission; July 2024) - [16 CFR 1.98: Adjustment of civil monetary penalty amounts](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-A/part-1/subpart-L/section-1.98) (eCFR (Office of the Federal Register); eCFR, up to date as of Oct 21, 2026) - [Federal Register, Jul 14, 2021 (86 FR 37022): Made in USA Labeling Rule, final rule](https://www.govinfo.gov/content/pkg/FR-2021-07-14/html/2021-14610.htm) (Federal Register (GPO, govinfo.gov); Jul 14, 2021) - [FTC press release: FTC warns companies to comply with "Made in USA" requirements (and writes to two online marketplaces about third-party sellers)](https://www.ftc.gov/news-events/news/press-releases/2025/07/federal-trade-commission-warns-companies-comply-made-usa-requirements) (Federal Trade Commission; Jul 8, 2025) - [FTC press release: "Made in the USA" sweep, three law enforcement actions](https://www.ftc.gov/news-events/news/press-releases/2026/04/ftc-announces-made-usa-sweep-including-three-law-enforcement-actions-protect-american-consumers) (Federal Trade Commission; Apr 14, 2026) - [FTC press release: FTC warns companies making questionable "Made in the USA" claims](https://www.ftc.gov/news-events/news/press-releases/2026/07/ftc-warns-companies-making-questionable-made-usa-claims) (Federal Trade Commission; Jul 6, 2026) - [15 U.S.C. 45: FTC Act section 5 (unfair or deceptive acts; civil penalties for knowing rule violations)](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap2-subchapI-sec45.htm) (United States Code, 2024 edition (GPO, govinfo.gov); United States Code, 2024 edition) Subscribe: https://resellerindex.com/subscribe/ Want these numbers next to your own sales? 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