FTC Targets “Made in USA” Claims Following White House Executive Order

“Made in USA” claims have been targeted by regulators for years, and recent federal announcements indicate continued regulatory scrutiny in this area.

Federal Scrutiny

On March 13, 2026, the White House released an executive order reinforcing Americans’ right to “clear, accurate, substantiated, and accessible information regarding whether products advertised as “Made in America” are actually made in the United States.”

The executive order directs the FTC to prioritize "cases in which a seller’s or manufacturer’s claim that a product is “Made in America” or “Made in the U.S.A.”, or any similar American-origin claims, constitutes a violation of law.”

The policy reflects a broader government emphasis on protecting consumers and domestic manufacturers from alleged misleading “Made in America” marketing (e.g., where products are not actually made in the USA), particularly in industries where supply chains are increasingly global but branding and consumption remain domestically focused.

Recent Enforcement Actions

In response to the order, the FTC announced enforcement action against three companies for misleading “Made in America” claims. In a statement from the FTC’s Bureau of Consumer Protection, Director Christopher Mufarrige reinforced the organization’s commitment to “ensuring that ‘Made in the USA’ claims are truthful and trustworthy.”

While the specific facts vary, the three enforcement actions focus on similar themes:

• Unqualified “Made in USA” claims applied to products with imported components

• Inadequate substantiation for origin claims

• Marketing representations inconsistent with actual supply chain realities

The resulting orders impose injunctive relief and, in some cases, civil penalties.

Legal Standard Remains Strict

Even back in 2025, the FTC signaled increased scrutiny in by sending warning letters to companies who “claim their consumer goods are of U.S. origin, reminding them to comply with the FTC’s “Made in USA” requirements.” The FTC’s core standard for unqualified “Made in USA” claims has not changed. Marketers must be able to substantiate that a product is “all or virtually all” made in the United States. This means that:

• Final assembly or processing must occur in the United States

• All significant parts and processing must be of U.S. origin

• Any foreign content must be negligible

Where this standard is not met, advertisers should use qualified claims, such as “Assembled in USA” or “Made in USA with imported parts,” provided those claims are truthful and substantiated. There are also related state laws, such as in California.

Made In America Advertising Compliance

In light of the FTC’s renewed focus, businesses should reassess their origin claims across all marketing channels. Common risk areas include:

• Legacy marketing language that no longer reflects current sourcing practices

• Overreliance on supplier certifications without independent verification

• Inconsistent claims across packaging, websites, and third-party marketplaces

• Complex supply chains that obscure the origin of components

Proactive compliance steps should include getting legal review of claims and substantiation, conducting internal audits, aligning legal and marketing teams on substantiation standards, and implementing review processes for origin claims.

If businesses receive an FTC CID, letter, or lawsuit on these issues, whether under FTC and federal laws, California advertising laws, or other state legislations, they should consider promptly reaching out to experienced counsel who can assist with a review and response.

Looking Ahead

The FTC’s sweep, combined with the Executive Order, suggests that “Made in USA” enforcement will remain active in the near term. Companies making domestic origin claims in their advertising or labelling should expect increased scrutiny and take steps now to ensure their claims are properly qualified and well-supported.

Kronenberger Rosenfeld, LLP regularly advises clients regarding advertising and FTC compliance issues. Contact our team today for a free initial consultation.