RAMPA Bill, Seeking National "MADE in USA" Standard, Passes Senate

Sept. 21st, 2021

On September 15, 2021, the Reinforcing American-Made Products Act (RAMPA bill) passed in the Senate by unanimous consent. We wrote on the RAMPA bill in February when it was first introduced by Senator Mike Lee (R-UT) and Angus King (I-ME) here.

The RAMPA bill seeks to amend 15 U.S.C. 45a to codify a “national standard” for country-of-origin labeling. Establishing a national standard would have the effect of preventing states from making more stringent rules for “Made in USA” labeling. For example, if RAMPA is enacted, a state like California, which has unique legislation governing “Made in the USA” claims that is stricter than the Federal Trade Commission’s (FTC) standard would be prohibited from enforcing the incongruous rules.

The bill is not an attempt to clarify the long-standing, ambiguous FTC standard known as the “all or virtually all” rule. Rather, the aim is make the “all or virtually all” rule the standard across the United States. One representative from New Balance expressed strong support for the bill, stating that the proposed federal standard for “Made in USA” claims “benefits American manufacturers and encourages increased domestic manufacturing.” Indeed, the bill incontrovertibly simplifies life for businesses that must navigate federal and state definitions and regulatory requirements to label products “Made in USA.” Streamlining the rule to the operative FTC rule would permit business that qualify under the Federal rule but fail to meet a state threshold to properly take advantage of the “Made in USA” mark.

A companion bill in the House of Representatives has not yet been introduced. However, under the Biden Administration, which has set out a broad agenda to protect domestic industry and support American manufacturing, RAMPA may have more momentum to get through U.S. Congress.

Should you have any questions on "Made in USA" claims under the FTC's "all or virtually all" standard or in the event the RAMPA bill is enacted, please contact an attorney at Barnes, Richardson & Colburn LLP.