California has recently enacted new requirements for products that significantly relax "Made in the USA" labeling requirements.
On September 1, 2015, California Section 17533.7 of the California Business and Professions Code was amended. This California law (often referred to as country of origin (COO) labeling requirements) restricts the in-state sale of merchandise bearing the words "Made in U.S.A.," "Made in America," "U.S.A." or other similar words that signify that the item has been domestically manufactured.
Under the California amendments, merchandise that is manufactured or produced in the US with foreign-made articles, units or parts that bears a domestic COO-label can be sold in California, if the foreign parts do not constitute more than either:
5% of the final wholesale value of the product.
10% of the final wholesale value of the product if:
the foreign parts are not available in the US; and
the manufacturer cannot manufacture the part at issue.
Before these amendments, merchandise sold in California could not bear domestic COO markings on its labeling or packaging if any component part was made outside the US. This standard was more stringent than the standards of every US state and those of the Federal Trade Commission (FTC), which requires that all or virtually all of a products parts must be domestically manufactured.
Before the amendments, California's COO labeling requirements:
Increased domestic manufacturers' costs because they were forced to maintain multiple-label inventories.
Caused several consumer class action lawsuits related to mislabeling.
Although the new California amendments have provided more certainty on labeling requirements, the FTC has not quantified or provided guidance on the practical application of their "all or virtually all" standard. Therefore, interested parties should review all applicable COO labeling requirements before approving a label that makes a claims of domestic manufacture.
Update
These amendments became effective on January 1, 2016.