The short answer
“Product of Mexico” on a food label is not an FDA rule — it comes from U.S. Customs and Border Protection (CBP). Under the Tariff Act (19 U.S.C. 1304) and 19 CFR part 134, most imported goods, or their containers, must show the English name of the country of origin to the “ultimate purchaser”, in a way that is legible, conspicuous and permanent. FDA, meanwhile, requires the name and place of business of the manufacturer, packer or distributor — and says any origin statement must not be false or misleading. FDA defers to CBP on country-of-origin marking.
| Rule | Agency | What it requires |
|---|---|---|
| Country of origin marking | CBP (19 CFR part 134) | English name of the origin country, legible, conspicuous and permanent, on the article or its container, for the ultimate purchaser |
| Name and place of business | FDA (21 CFR 101.5) | Name, city, state (or country) and postal code of the manufacturer, packer or distributor; if not the manufacturer, a qualifier such as “Distributed by” |
| Country of origin labeling (COOL) | USDA | Origin information at retail for certain foods, such as fish and shellfish, fresh produce, chicken, lamb, goat, peanuts, pecans and macadamia nuts |
| Truthful origin | FDA | No false or misleading statements about where a food comes from |
CBP marking: the practical rules
- Use the English country name — “Product of Japan”, “Made in Italy”. Common abbreviations that clearly show the country may be accepted, but the full English name is safest.
- Mark the package the consumer buys. If retail packages go inside a shipping carton, each retail package needs the marking — not just the carton.
- Make it legible and permanent — printed on the pack or a label that will not easily come off.
- Watch U.S. addresses. If the label shows a U.S. city or address (for example “Distributed by … Miami, FL”) in a way that could mislead buyers about origin, CBP requires the country of origin to appear close by and in comparable size, preceded by words such as “Made in” or “Product of”.
- Some goods have exceptions, such as certain natural products in bulk — but their outer containers usually still need marking.
Unmarked or wrongly marked goods can be held by CBP until marked, and CBP can charge marking duties. Origin for marking purposes is the last country where the product was substantially transformed into a new article — CBP can give binding rulings when this is unclear.
FDA: name and place of business
Every packaged food sold in the U.S. must show the name and place of business of the manufacturer, packer or distributor. If the name shown is not the manufacturer, it must be qualified — for example “Manufactured for” or “Distributed by”. This is about who is responsible, not about origin. Using a U.S. distributor’s name is allowed — but then the CBP country-of-origin marking becomes even more important.
Example: green tea from Japan, packed for a U.S. brand
A U.S. brand sells tea made and packed in Japan. A compliant label can read: “Distributed by Example Tea Co., Seattle, WA 98101” to meet FDA’s name and place of business rule, and “Product of Japan” near the U.S. address, in comparable size, to meet CBP marking. Writing only the Seattle address would risk detention by CBP and could mislead buyers about origin.
USDA country of origin labeling (COOL)
USDA’s COOL rules require retailers to tell shoppers the origin of certain foods, including fish and shellfish (also whether wild or farm-raised), fresh and frozen fruits and vegetables, chicken, lamb, goat, peanuts, pecans, macadamia nuts and ginseng. Suppliers must pass origin information down the chain so retailers can comply. Processed foods (for example roasted nuts or a fish mixed into a meal) are generally outside COOL, but CBP marking still applies.
“Made in USA” claims
An imported food can never say “Made in USA”. If imported ingredients are processed in the U.S., origin claims follow Federal Trade Commission and CBP rules, which are strict. Avoid U.S. flags or “American” wording that suggests U.S. origin for imported products.
Label checklist for imported food
- 1Country of origin“Product of [country]” in English on each retail package — near any U.S. address.
- 2Responsible companyName, city, country or U.S. state and postal code, with “Manufactured for” or “Distributed by” if needed.
- 3COOL informationFor seafood, fresh produce, nuts and other covered foods, give origin (and wild/farmed for fish) to your U.S. buyer.
- 4The FDA basicsName of food, net quantity, ingredients, allergens and Nutrition Facts — see the FDA food label checklist.
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Frequently asked questions
Does FDA require “Product of” on food labels?
Country of origin marking is a CBP requirement under the Tariff Act, not an FDA rule. FDA requires the name and place of business of the responsible company and prohibits misleading origin statements.
Can I put only my U.S. distributor’s address on the label?
The U.S. distributor’s name and address can meet FDA’s rule if qualified with “Distributed by”. But the country of origin must also be marked, close to the U.S. address and in comparable size where the address could mislead buyers.
Which foods need USDA country of origin labeling?
Covered foods include fish and shellfish, fresh and frozen fruits and vegetables, chicken, lamb, goat, peanuts, pecans, macadamia nuts and ginseng, mainly at retail.
What happens if goods are not marked?
CBP can hold them until they are properly marked and may charge marking duties.
Sources
- 19 CFR part 134 — Country of origin marking
- Keller and Heckman — Country of origin marking requirements (FDA defers to CBP)
- USDA AMS — COOL regulations (covered commodities)
Requirements checked on November 11, 2026. This article is general information, not legal advice; CBP can issue binding rulings for specific products.