There is massive confusion both in the manufacturing community and the popular press. Even some of the well-respected industry publications have had a hard time getting it right. 

We see and hear the terms all the time:  “Buy America,” “Buy American,” “Made in the USA,” “Made in America,” “Build Back Better.” While all of these terms have a tinge of economic nationalism, very few manufacturers can unravel not only what each of the terms means but what type of economic opportunity might exist.

This is the first in a series of posts that attempts to simplify (if possible) the various laws that exist and how they may be relevant for manufacturers.

First, let’s get the misconceptions out of the way:

  • “Buy American” and “Buy America” are the same thing.
  • They are the same thing as “Made in America” and “Made in the USA.”
  • These are new laws passed by the Biden administration.
  • All these laws are controlled by one agency.

All of these statements are wrong. 

Second, a history lesson. Economic nationalism or “protectionist” policies have been around since the United States was founded. 

Did you know that George Washington wore a brown suit to his inauguration? Washington did not want to wear a military uniform. He also did not want to wear a civilian suit that was made anywhere but the United States. 

Question:  Where do you find a suit in 1789? 

Answer:  You ask Henry Knox, your Secretary of War, to get it for you of course. 

Question:  Where did Knox get the suit from?

Answer:  Wait until our next blog post! 

We will answer that question and also begin by explaining the differences between “Buy American” and “Buy America.” Yes, amazingly, they are different laws. 

Photo of Jeffrey White Jeffrey White

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or…

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or family owned manufacturers. For those looking for my detailed law firm bio, click here.

I am often asked why I have focused a large part of my law practice on counseling manufacturers and distributors. As with most things in life, the answer to that question is tied back to experiences I had well before I became a lawyer. My grandfather spent over 30 years working at a steel mill (Detroit Steel Company), including several years in its maintenance department. One of my grandfather’s prime job duties was to make sure that the equipment being used was safe. In his later years, he would apply those lessons learned in every project we did together as he passed on to me his great respect and pride for the manufacturing industry.

Because of these experiences, I not only feel comfortable advising executives in a boardroom, but also can easily transition to the factory floor. My experience has involved a range of industries, including aerospace and defense, chemicals, energy, pharmaceuticals and life sciences, nutritional and dietary supplements, and retail and consumer products. While I have extensive experience in litigation (including product liability and class actions), I am extremely proactive about trying to keep my clients out of the courtroom if at all possible. Specifically, I have counseled manufacturers and distributors on issues such as product labeling and warranties, product recalls, workplace safety/OSHA, anti-trust, and vendor relations, among other things. I always look for the business-friendly solution to a problem that may face a manufacturer or distributor and I hope this blog will help advance those efforts.