'Made In' Labelling, Origin of Products and Free Circulation of Goods in the European Union

The notion of ‘Made In’ labelling refers to the possibility, or duty, that the manufacturer or distributor of certain products indicates the geographical origin thereof, thus including on the label of the product, or on accompanying leaflets, markings or indications of the country where the product was manufactured, or from where it otherwise originates. The labelling may serve very different purposes, including the determination of customs duties applicable to imported goods, the enhancement of the attractiveness of products because of the added value attached to their origin, the protection of consumers’ safety and full information about the products that they may be willing to purchase and the protectionist safeguard of domestic production by means of the limitation of the import of foreign products. The effectiveness of origin labelling as a tool to pursue the said goals is questionable, as is the compatibility of mandatory regimes of origin markings with the principle of global free trade and of market integration at the European level. The foregoing justifies the frequent tension between the call of national businesses for the enactment of a more stringent regulation of origin markings and the skepticism of supranational institutions, including E.U. institutions, concerned about the possible anti-competitive impact of a mandatory regulation. This paper provides an overview of the different positions based on the distinction of the goals, the pursuance of which is often invoked by supporters of a new ‘Made In’ labelling system in European business law.