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A Manufacturer Affidavit is a sworn statement that formally documents your company's manufacturing processes, product specifications, and compliance with applicable regulations. This legal document serves as official verification when regulatory bodies, customers, or courts require formal confirmation of your manufacturing practices and product safety standards.

When do you need this document?

You'll need a Manufacturer Affidavit when submitting products for regulatory approval, responding to safety investigations, or providing compliance documentation to distributors and retailers. Federal agencies like the Consumer Product Safety Commission often require these affidavits during product recalls or safety assessments. Insurance companies may request them when processing product liability claims, and legal counsel typically requires them as supporting evidence in product defect litigation. Additionally, many government contracts and international trade agreements mandate manufacturer affidavits to verify compliance with safety standards and manufacturing specifications.

Key legal considerations

Your affidavit must include accurate statements about compliance with the Consumer Product Safety Act, FDA regulations if applicable, and relevant ASTM International or UL safety standards. False statements in a manufacturer affidavit can result in federal charges for perjury, significant fines under the Federal Trade Commission Act, and civil liability for any resulting damages. The document should clearly identify the affiant's authority to speak for the company and include specific product details such as model numbers, manufacturing dates, and testing certifications. You must also address any known defects, safety issues, or non-compliance matters to avoid charges of deceptive practices. The affidavit becomes a permanent legal record that can be used as evidence in future litigation or regulatory proceedings.

Legal requirements in United States

Under federal law, your Manufacturer Affidavit must be notarized by a licensed notary public and signed by an authorized company representative with direct knowledge of the manufacturing processes described. The document must comply with state notarization requirements in the jurisdiction where it's executed, which may include specific formatting and witness requirements. You're legally obligated to maintain supporting documentation for all claims made in the affidavit, including testing results, quality control records, and compliance certificates. The Consumer Product Safety Act requires manufacturers to retain these records for specific periods depending on the product type. If your products fall under FDA jurisdiction, additional documentation requirements may apply, including Good Manufacturing Practice records and safety testing data.