Legal Blog

M&A Nugget: Made In ?

Last week’s nugget described the rules manufacturers and marketers must follow to use the term “Made in America” to describe their products, in the context of a purchaser’s investigation of a target business to determine whether it is in compliance with major applicable laws.  What about the related question of how a product manufactured overseas and imported by a domestic company must be labeled?  Federal laws exist that dictate when the country of origin must be listed on the label.  In general, the package that the ultimate user of the product, that is, the consumer, will purchase, must contain the country in which the product was manufactured.  For example, if a box of two dozen bags of candy is available for purchase and the individual bags are not, then the box must be labeled with the country of origin.  If the individual bags are available for sale at retail, then the bags must contain the country of origin.  Failure to follow the rules governing country of origin labeling can also result in an enforcement action being brought.  So, a purchaser should make sure that the seller is in compliance as it prepares to take over the seller’s business.

 

 

 

 

 

If you have any questions about this or any other M&A issue,
please contact Glenn Solomon at gsolomon@offitkurman.com or 443-738-1522.

 

ABOUT GLENN D. SOLOMON

gsolomon@offitkurman.com | 443-738-1522

Glenn D. Solomon is a principal at Offit Kurman and has provided counsel to businesses and business owners for more than twenty-five years. He has extensive experience in the purchase and sale of businesses, structuring ownership agreements, and advising companies in financial distress.

 

 

 

 

 

 

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 130 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our ten offices serve individual and corporate clients in the Maryland, Delaware, New Jersey, and Northern Virginia markets, as well as the Washington DC, Baltimore, Philadelphia, and New York City metropolitan areas. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

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