Brands Don’t Need to Use the U.S. Flag to Promote “Made in the USA”

Your story is a more compelling symbol for “American-Made.”

The flag represents a living country and is itself considered a living thing.
— U.S. Code – Title 4, Chapter 1 Section 8

When I was Vice President of Marketing at Farm to Feet, one of our sales representatives asked on behalf of a retailer the question, “why we did not include an American flag on any of our marketing or our packaging.”  The retailer felt that since the brand was marketing itself as 100% American, then we should include the flag on the packaging and in our promotional materials.  I responded by telling the sales representative that the United States flag code prohibits the use of the American flag for marketing and advertising purposes. Quite simply, I said, “using the U.S. Flag for marketing is disrespectful.”  Adding credibility to my perspective was that I was a retired Navy Officer with 22 years of service.  After explaining my position on the issue and providing him with the appropriate references, he agreed with my opinion and proceeded to share it with the retailer who inquired. Though I am generally not offended by the use of the flag in marketing, I do believe many companies and brands needlessly use it and that some businesses push the boundaries of disrespect in their use of it for the sole purpose to generate revenue.


Is it really wrong

A valid question to ask is whether using the U.S. Flag for marketing purposes inappropriate or not.  One way to answer this is to evaluate Title 4, Chapter 1 of the United States Code.  This statute is the section of federal law that applies to the United States Flag.  In particular, Section 8 – Respect for the Flag – outlines what is considered respectful and disrespectful in the use and display of the national ensign.  Paragraph 8.i specifically calls out prohibition in marketing. 

 
The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
— U.S. Code – Title 4, Chapter 1 Section 8
 

A literal reading of the first sentence seems to be pretty clear: “The flag should never be used for advertising purposes in any manner whatsoever.”  Still, businesses do it.  Moreover, variations of “Made in USA” labels use the American flag on product packaging and promotional material.  Therefore, the valid second question is, “why do companies seem to violate the code flagrantly?” The simple answer is “because they can.”  Title 4 has no punitive actions for violating the flag statute, such as fines or imprisonment.  The law’s intent is to provide standards for respecting the national symbol. 

Mostly, the code is followed – especially within the government, military, and civic organizations.  The most significant violations of the statute are by those who are ignorant of its existence or are protesting against the United States. Yet, businesses that use it for both marketing and profit-making purposes are also guilty of infringing on the rules.  Another argument is that the 1st amendment provides companies a constitutional right to do so as a form of speech.  This opinion is both a valid and respectable one, as long as those who make it are not hypocritical in applying the freedom of speech card. 

It also seems that most people are not necessarily bothered by it.   In this blog by the branding agency absolute, the author shares insight into that perspective.  They conducted an informal survey on Facebook and found that a plurality of respondents was indifferent, and only a fourth were offended.  In one response, a veteran indicated that he had no problem with using the flag in advertising if tastefully done.  That perspective, however, does leave the determination of what is “tastefully” to subjective opinion. 

Regardless of whether it is right or wrong, many companies and brands still use the U.S. Flag in marketing and advertising. For example, the tool brand Channellock prominently displays a flag with the words “100% Made in the USA” on their website.  Additionally, their product pages, show the stars and stripes below “Made in USA.”  Channellock is a remarkable company with an impressive 130 plus year history of manufacturing in Pennsylvania.  Their story alone speaks to their commitment to American-made.  They should consider focusing on that and emphasize it on their home page instead of using the flag throughout their website.

Ultimately, there are three conclusions one can make on the topic of the appropriateness of using the flag in advertising and marketing:

  1. Using the flag in advertising indeed violates the U.S. flag code

  2. Companies continue to use the flag for promotion and marketing despite this violation because they can with no punitive action against them.

  3. Freedom of Speech enshrined in the First Amendment of the U.S. Constitution provides a valid argument for allowing them to do so.

So, the real question to answer is, “do companies and brands that produce and sell American-made products need to use the flag in their promotions?”  

The short answer to that question is “No.”

American Companies Don’t Need to Use the Flag in Marketing

A brand that manufactures its products in the United States should be proud and want to share that fact with their customers.  But does that require placing the U.S. flag on product packaging or within promotional materials to convey that message?  Moreover, if that is the only thing a business is doing to promote its American-made bona fides, then perhaps they need to hire a new marketing team.  Relying on the words “Made in USA” with the flag on a product label may be accurate, but it lacks originality and creativity.  Quite simply, it is lazy. 

Consumers need more than a label with a flag to become committed to a company and its products.  Today’s they want to feel connected with the brands they support, and marketing teams need to engage customers with more than just a patriotic symbol.  They want to know what makes a particular company an American brand they should support. Perhaps the best way to do that is through storytelling.  By telling the company story, customers can very easily and emotionally connect with the brand.  What’s more, a good narrative communicates to them that this business is one that embraces “Made in the USA.” 

Here are three ideas for engaging storytelling.  The first two are very easy for any company to do while the last one may require additional effort.  Regardless, all three are very effective ways to share pride in a brand’s “American Made” story:

  1. Tell Your History – sharing a business’s story allows the best narrator to tell it — the company itself. There are many ways to articulate the company’s narrative from telling its origins to offering vignettes of major milestones. Still, at the very least, it should include company ownership, its location, and the timeline from founding to the present day.

  2. Show how it is done – today, consumers want to know a company produces the items they purchase.  Share the manufacturing process through a written story, still images, or video.  These narratives will demonstrate both your company’s expertise and craftsmanship. 

  3. Invite people to visit – company tours can be a powerful way to share your story and make it real to your customers – solidifying your “Made in the USA” credentials with them and perhaps creating a customer for life.  If you do offer company or factory tours, be sure to let your local Chamber of Commerce and Tourism Bureau know so they can help direct visitors to you and perhaps land you first-time customers who did not know you existed. 

 Two Examples

 Jack Daniels

Take, for example, the long history of the distillery located in Lynchburg, Tennessee – Jack Daniels.  Established as the very first American registered distillery in 1866, it endured two world wars and prohibition during its 150 plus years of existence. It was not until the 1960s before it went from a regionally known spirt to a nationally recognized whiskey brand.  Their history is rich with heritage that includes incredible challenges typical of iconic American legends.  Also, they show you how they turn the spring water of Tennessee into legendary whiskey.  They walk you through the process that begins with water from the Cave Spring to the multi-year maturation process.  As you finish reviewing the fine details of whiskey making, they invite you to visit them at the distillery in Lynchburg, where you can see the process personally.  And yes, you are offered an opportunity to sample. 

I toured their facility in November 2011 and experienced an in-depth view of the process that would transform wood I selected into my custom guitar.

Santa Cruz Guitar Company

Unlike the Jack Daniels story, which evolved with each new master distiller, the Santa Cruz Guitar Company (SCGC) history is the story of its master luthier and founder – Richard Hoover.  Located in a small nondescript shop in Santa Cruz, CA, SCGC is a custom guitar manufacturer and has made guitars for nearly 45 years.  While some guitar companies manufacture 400-500 guitars per day, SCGC hand makes only 400 guitars each year. Besides Richard’s story, the production process he created is what truly establishes its American craftsman credentials.   SCGC’s website also provides a virtual tour of the shop with detailed videos showing the craft of guitar making.  They also offer guided tours of their shop upon appointment, where they will walk you through all the stages of hand-making their premium instruments. 


Your Story is a More Compelling Symbol

Companies and brands that produce their products in the United States should be proud of that.  They need to leverage their unique American Made story as part of their marketing process while refraining from exploiting the country’s flag for advertising and commercial purposes.  As the flag code states: “No disrespect should be shown to the flag of the United States of America.”  Using the flag in marketing is a form of disrespect, and companies need to consider that and comply with the statute.  Instead, employ other ways to celebrate being made in the USA.  Storytelling is one of the best ways to achieve that, and many companies have rich stories to share with their customers.  As Jack Daniels and the Santa Cruz Guitar Company exemplify, share your history with your customers, show them how you make the products they love, and invite them to visit your factory so they can witness firsthand how it is done.  Ultimately, it is your story and your emphasis on your craft that will resonate with them and turn them into loyal followers and advocates for your business.    

 

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