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.
| Group | Who is responsible | Product rule | Trademark route | Packaging and labels |
|---|---|---|---|---|
| General consumer goods | Importer or US manufacturer | CPSC: General Certificate of Conformity where a rule applies, eFiled at import | USPTO: $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 |
| Cosmetics | Manufacturer, packer or distributor named on the label | MoCRA: facility registration, listing, safety substantiation, 15-business-day serious adverse event reporting | As above | Label rules, with fragrance allergen labelling on FDA’s MoCRA agenda |
| Food and supplements | FSVP importer located in the US; facility with US agent | FSMA, nine major allergens; supplements: cGMP, new ingredient and structure/function rules | As above | Nutrition and allergen labelling; food contact substances under FDA |
| Toys and children’s goods | Importer or US manufacturer | ASTM F963, CPSIA, third-party lab, Children’s Product Certificate | As above; design and copyright for characters | Tracking label on product and pack |
| Electronics | Responsible party with a US address | FCC authorisation; button cell rules, 16 CFR 1263 | As above | Compliance 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.
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