Jurisdiction: United States, with Australian comparison; historical case commentary. Reviewed 27 October 2026.
Can a place name on food packaging lead shoppers to infer where the product was made? That was the concern raised in Robert Galinsky’s December 2020 complaint against King’s Hawaiian. A complaint records allegations, not an established finding of deception.
The allegation about Hawaii
The complaint challenged the overall packaging impression, including references to Hilo, Hawaii, despite production elsewhere. A brand’s historical connection to a place and a statement about its present manufacturing location are different claims. Whether a label misleads requires examining the full presentation and the applicable law.
Origin rules are not only customs rules
The earlier article was wrong to suggest that US law provides no protection concerning state-of-origin claims. The complaint invoked New York consumer protection law. Country-of-origin customs requirements are also distinct from advertising and consumer protection rules.
The Bollman example
The FTC’s Bollman Hat matter concerned allegedly deceptive US-origin and certification claims and was resolved by an FTC order. It should not be described as simply an application of the Tariff Act’s import-marking rule.
The Australian comparison
The ACCC distinguishes “product of” and “made in” claims and the statutory safe harbours. A “made in” claim involves substantial transformation, not merely any final processing step. The overall impression must still be considered. Check food-labelling requirements separately.
This is a historical discussion of the allegations and legal distinctions, not a statement that Galinsky proved them or that the case remains pending.

Comments
Post a Comment