Executive Order Targets “Made in America” Claims

On March 13, 2026, the Trump administration issued an Executive Order titled “Ensuring Truthful Advertising of Products Claiming to Be Made in America,” directing the Federal Trade Commission (FTC) to prioritize enforcement against deceptive U.S.-origin claims.[1]

The Executive Order does not change the legal standard for making “Made in America” claims, but it reinforces that these claims will continue to be an enforcement priority and that scrutiny may extend beyond manufacturers to retailers, marketplaces, and others in the distribution chain. Details on the Executive Order are below:

• No Change to the “Made in USA” Standard: As we have discussed previously, “Made in USA” statements are highly regulated.[2] In August 2021, the FTC finalized its Made in USA Labeling Rule, which explains that for a product to be called Made in USA, or claimed to be of domestic origin without qualifications or limits on the claim, the product must be “all or virtually all” made in the U.S.[3] “All or virtually all” means that “the final assembly or processing of the product occurs in the United States, all significant processing that goes into the product occurs in the United States, and all or virtually all ingredients or components of the product are made and sourced in the United States.”[4] That is, the product should contain no—or negligible—foreign content. This remains a high bar for manufacturers, particularly given global sourcing.
• Although the Executive Order does not alter the standard for making a “Made in USA” claim, it underscores continued FTC focus on enforcing that standard, consistent with recent enforcement actions and warning letters.[5] The rules have not changed, but attention to compliance has increased.
• Focus on Marketplaces: The Executive Order directs the FTC to consider new rulemaking requiring online marketplaces to implement procedures to verify third-party sellers’ origin claims. [6] The practical implication is that companies involved in distributing or marketing products—not just manufacturing them—may face increased scrutiny in the future.[7]
• Procurement Risk: The Executive Order also directs agencies to review “Made in America” claims in federal procurement, with potential referral to the FTC if contractors or vendors have been found to misrepresent the American origin of a product sold to the government.

Bottom Line: The Order is an enforcement signal, reminding companies to keep in mind the FTC’s Made in USA rule, especially when working with suppliers and downstream vendors.

[1] Exec. Order No. 14392, 91 Fed. Reg. 13201 (Mar. 18, 2026); Fact Sheet: President Donald J. Trump Ensures Truthful Advertising of Products Claiming to be Made in America, The White House (Mar. 13, 2026).

[2] Lena Gankin et al., Jury Returns Verdict in “Manufactured in the USA” False Advertising Case, Morrison Foerster Client Alert (Apr. 15, 2025).

[3] FTC Made in USA Labeling Rule, 16 C.F.R. § 323 (2025).

[4] FTC Made in USA Labeling Rule, 16 C.F.R. § 323.2 (2025); Fed. Trade Comm’n Warns Companies to Comply with “Made in USA” Requirements, Fed. Trade Comm’n Press Releases (July 8, 2025); Warning Letters by Press Release, Fed. Trade Comm’n Legal Library: Warning Letters (July 8, 2025), (FTC Warning Letters related to July 8, 2025 Press Release, “Fed. Trade Comm’n Warns Companies to Comply with ‘Made in USA’ Requirements”).

[5] Fed. Trade Comm’n Warns Companies to Comply with “Made in USA” Requirements, supra note 4; Made in the USA Month, Fed. Trade Comm’n: Features (last visited Mar. 18, 2026).

[6] “The FTC shall consider issuing proposed regulations providing that the failure of an online marketplace to establish procedures for verifying country-of-origin claims may constitute an unfair or deceptive act or practice under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).” Exec. Order No. 14392, 91 Fed. Reg. 13201 (Mar. 18, 2026) (emphasis added).

[7] Enforcement Policy Statement on U.S. Origin Claims, Fed. Trade Comm’n Legal Library (1997, as applied); FTC Cases and Proceedings (filtered by Consumer Protection, Made in USA), Fed. Trade Comm’n Legal Library: Cases and Proceedings (last visited Mar. 18, 2026).