Market

Launching a product brand in the United States

The US has no single product authority. FDA, CPSC, FTC and FCC each cover a slice, and customs now expects low-value imports to pay duty and carry the right data.

How to launch a private label brand in the USA

To launch a private label brand in the USA, work out which agency regulates your product, who will be importer of record, and how you will protect the name. FDA covers food, supplements and cosmetics. CPSC covers consumer products and children’s goods. FTC polices claims, textiles and reviews, and FCC handles radio and electronics. Beyond these, state rules can also matter.

Two recent shifts change the arithmetic for overseas sellers. Duty-free de minimis treatment has been suspended for all countries since 29 August 2025, so low-value parcels no longer travel free of duty. And since 8 July 2026 CPSC has required eFiled certificate data for imports of regulated products, with no exemption for low-value shipments. Tariffs also change frequently, so model your landed cost on the current rate and test how sensitive the margin is.

Trademark timing has its own US logic. Registration ultimately requires use in commerce, but you can file first on an intent-to-use basis. Foreign-domiciled applicants must use a US-licensed attorney. Consider all of this as general information. We work with licensed US counsel on specifics, and customers should take out product liability insurance after proper advice. See compliance for the approach.

Who does what in the US, by product group

The importer or US-named party usually carries the formal duty.

GroupWho is responsibleProduct ruleTrademark routePackaging and labels
General consumer goodsImporter or US manufacturerCPSC: General Certificate of Conformity where a rule applies, eFiled at importUSPTO: $350 per class base fee for Section 1 or 44 filings; US attorney required for foreign applicants; or Madrid (66a)FTC rules on origin (Made in USA), environmental and review claims
CosmeticsManufacturer, packer or distributor named on the labelMoCRA: facility registration, listing, safety substantiation, 15-business-day serious adverse event reportingAs aboveLabel rules, with fragrance allergen labelling on FDA’s MoCRA agenda
Food and supplementsFSVP importer located in the US; facility with US agentFSMA, nine major allergens; supplements: cGMP, new ingredient and structure/function rulesAs aboveNutrition and allergen labelling; food contact substances under FDA
Toys and children’s goodsImporter or US manufacturerASTM F963, CPSIA, third-party lab, Children’s Product CertificateAs above; design and copyright for charactersTracking label on product and pack
ElectronicsResponsible party with a US addressFCC authorisation; button cell rules, 16 CFR 1263As aboveCompliance information with the product

Cleaning and antimicrobial products may also come under EPA pesticide rules if they make germ-killing claims.

Before the first container

These are the questions customs brokers and retailers will ask.

  • Importer of record named, with broker and customs bond arranged
  • eFiling route agreed with your broker for CPSC-regulated goods
  • Landed cost including current duty and tariff rates, with a sensitivity test
  • Claims review: disease, safety, origin, green and review practices
  • Trademark filing strategy: Section 1(b), use evidence, and Statement of Use timing

Main channels and how they work

Channels differ more in who carries the risk than in what they sell.

Amazon

Brand Registry needs an active or pending trademark from an approved office and an application made by the rights owner. The Professional plan costs $39.99 a month, plus referral fees by category. See our <a href="/guides/">Amazon guide</a>.

Direct to consumer

Good for storytelling and data. Customer acquisition costs can decide the outcome, and fake or incentivised reviews now carry federal risk.

Local contract production

Can reduce tariff exposure and speed up restocks. Compare total cost, and do not make a Made in USA claim unless it meets the FTC standard.

Frequently asked questions

Do I need a US company to sell a private label product?

Not always, but you need a party to act as importer and various US-based roles. Foods need an FSVP importer located in the US, while FCC compliance information must name a party with a US address. Selling into retail generally calls for a US entity and insurance.

Can I file a US trademark before selling?

Yes, using an intent-to-use application. You must then show use in commerce within six months of the Notice of Allowance, with extensions possible up to 36 months. Foreign-domiciled applicants need a US-licensed attorney. Registration is not automatic, so run a proper search first.

Are small parcels to US customers still duty-free?

No. Duty-free de minimis treatment has been suspended for all countries since 29 August 2025. Regulated products also need eFiled certificates regardless of shipment value. Build duty, broker fees and customs delays into your landed cost.

Do reviews carry legal risk?

Yes. The FTC’s rule on consumer reviews and testimonials, in effect since 21 October 2024, prohibits fake reviews, buying reviews and incentives conditioned on sentiment, and it allows courts to impose civil penalties for knowing violations.

Have a product idea? Check it before you buy stock.

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