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‘Made in the USA’ should be a simple term, but the high regard for American manufacturing means that brands have diluted the it over the years to market lower-cost products that aren’t entirely made in the USA.
In 2024 alone, the Federal Trade Commission (FTC) has issued over $5.4m in penalties over bogus Made in USA claims on everyday products ranging from aluminum foil to sports products and clothing. This issue has even leaked into the peripheries of our niche, with legendary footwear maker New Balance coming under fire with a lawsuit against the allegedly false credentials of the sneaker brand’s esteemed Made in USA line.
Devium USA is a brand that cuts through the bunkum by making 100% of its products in the USA with no compromise. Underpinning this mantra is the Berry Amendment, a federal law that protects US manufacturing pertaining to U.S. military products. Does Devium make products for the U.S. Military? No. But it holds itself to the same meticulous federal standard that was put in place to sure up U.S. manufacturing in the dawn of WWII.
The Berry Amendment
Image via The Columbus Dispatch
Years of debate surrounding the USA’s prospective involvement in WWII were eventually superseded by the impact of Japan’s attack on Pearl Harbor on December 7th, 1941. Congress declared war the next day, but not without considering the industrial impact of the world war.
The Berry Amendment was first introduced as part of the 1941 Fifth Supplemental DOD Appropriations Act to protect domestic manufacturing in preparation for WWII. It required the Department of Defense (DOD) to purchase 100% domestically produced, manufactured, or home-grown products where possible. The function of the Act was to ensure that any materials or supplies needed for military operations would be holistically produced in the USA, therefore the military wouldn’t be relying on foreign products which would have to pass borders or battlefields to reach the States.
As well as protecting the USA’s military intentions, the 1941 Fifth Supplemental DOD Appropriations Act meant that domestic manufacturers received large production contracts. Urgent contracts could be pushed through swiftly within communications and shipping all occurring within the US border.
Ellis Yarnall Berry (left) with Joseph H. Bottum, Karl E. Mundt, and Ben Reifel. Image via John Thune.
This amendment was eventually codified by US congressman Ellis Berry (hence, ‘Berry Amendment’), and has been the 100% miUSA standard ever since. Berry also introduced an amendment to 1933’s Buy American Act expanding it to cover all clothing, cotton, and wool.
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The items covered by the Berry Amendment have varied over the years. Currently, the Berry Amendment applies to defense purchases of clothing, footwear, food products, certain tools, textiles, and stainless steel dinnerware. These items must be entirely grown, reprocessed, and/or produced in the USA. Aside from some exemptions, these rules cover the production/harvest of raw materials all the way to assembly.
How is the Berry Amendment Applied Today?
The Berry Amendment is rarely applied to non-DOD purchases, but it continues to strengthen the domestic supply chain through DOD contracts.
The Berry Amendment is mirrored by the Federal Trade Commission’s Made in USA standards. Under the Federal Trade Commission Act, the FTC has the power to take legal action against companies with unqualified Made in USA claims.
“Made in USA” means that “all or virtually all” the product has been made in America. That is, all significant parts, processing and labor that go into the product must be of U.S. origin.” – Federal Trade Commission
According to the FTC, products can only be labeled/marketed as “Made in USA” if they contain “no—or negligible—foreign content”. This does present loopholes for makers — many of which have good intentions to produce chiefly in the USA — to market products as Made in USA when they contain foreign material they can write off as ‘negligible content’.
In clothing, it is common for makers to use thread, certain finishes, and materials from abroad and mark those components as ‘negligible foreign content’. This doesn’t mean that those products are lesser in quality or composition, it just means that they’re probably not Berry amendment compliant. No law requires all composition materials to be listed prior to purchase and the FTC can’t investigate every single maker out there.
With this in mind, lots of apparel brands work hard to fudge that phrase, hoping you won’t notice. That’s why some products or marketing copy say things like “Designed in the USA” (but sewn overseas with foreign materials), “Sewn in the USA” (with materials), or even “Made in the USA” in huge type followed by “With Imported Materials” in far smaller type.
While this legal framework hasn’t deterred from brands making money off of unqualified Made in USA claims, it sets a clear standard for the term Made in USA. The FTC is also holding brands with unqualified Made in USA labels accountable by issuing fines, organizing consumer refunds, and more.
Facts:
- The Berry Amendment was introduced in 1941 as a strategy to ensure domestic manufacturing would be available for the provision of any products needed for American WWII efforts
- The Berry Amendment was categorized by Congressman Ellis Y. Berry, hence the name
- The Berry Amendment strengthens the domestic supply chain
- The Federal Trade Commission Act is somewhat mirrored by the Berry Amendment. The Federal Trade Commission (FTC) can issue penalties for unqualified Made in USA claims and has done so with many household names.
- Devium USA is committed to 100% American manufacturing that is Berry Amendment-compliant
If you want 100% American-made, Berry Amendment-compliant goods, you can always reach out to the brand and ask for the origin of all components down to threads and finishes. One maker you don’t need to ask is Devium USA, a California-based brand committed to Berry Amendment-compliant production.
Devium USA
Based in Truckee, California, Devium USA is a leading brand when it comes to 100% American manufacturing. Everything from raw fibers used to weave fabrics right down to the sewing thread and dyes are made in USA and Berry-amendment compliant.
The brand takes this complicated, restrictive, and often expensive approach for a number of reasons. As Devium “Wrangler in Chief” Sheri Benjamin became more acquainted with the apparel manufacturing industry, she began to understand how many US brands had moved production offshore or operations to China, and the impact this had on the American clothing supply chain.
“What I’ve found is the supply chain is filled with mom-and-pop small businesses that have somehow weathered the storm. A lot of times it will be generational family-owned businesses and I would say half the time they don’t market in a very sophisticated way, so they are not the ones I’m going to find by Googling. They are the ones I find by blood, sweat and tears, by networking and by asking people I have no business to ask.
And that’s where we find a small metal manufacturing company that has been in business for 50 years and they make grommets and snaps but don’t even have a website. That’s how we find people like that. It’s a needle in a haystack and we are willing to look for the needle.” –Devium CEO, Sheri Benjamin, speaking to American Manufacturing
Crafting limited runs of garments in this homegrown approach naturally contributes to sustainability. Small batches mean less waste, deadstock materials from partners negate the need for new production. Instead of settling for “eco-friendly” materials shipped 6,800 miles and 18 days across the Pacific in a cargo ship, materials are sourced from the USA, traveling less distance.
Devium USA is the antithesis of fast fashion and mass production, choosing only to build vintage-inspired ‘small-batch originals’, one USA-made garment at a time.
Our Devium Picks
Boca Long Sleeve Flannel Shirt
A standard fit, do everything flannel, in 100% cotton with cat-eye buttons. Comes in 11 different colors.
Available for $158 at Devium.
Devium’s modern update to the classic double-knee pant. Theirs comes in a stretch canvas with triple-stitch construction and over 50 bartacks to complement the extra hammer loops and utility pockets.
Available for $198 at Devium.
Overdrive Waxed Canvas Trucker Jacket
Devium’s first offering was a trucker jacket but it certainly wasn’t their last. This zip-up is like a hard-working Harrington that’s sure to see many seasons and much patina on its 10oz. waxed sailcloth canvas.
Available for $338 at Devium.
Coburn Heavyweight Long Sleeve Shirt
We’re usually not ones for washes, but one has to appreciate the lengths they went to to get this vintage acid look just right. Devium calls it a tee, but this super heavyweight 9.5oz. knit is heavier than some sweats.
Available for $128 at Devium.
If you want to see more of what Devium has to offer, check out the full collection on their website. And if you want to know what it’s like to produce clothing 100% in USA in 2024, give their great “Concrete Thread” blog a read where they document what they’re up to.
