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On March 13, 2026, the White House issued a new Executive Order titled “Ensuring Truthful Advertising of Products Claiming to be Made in America.” The Order directs the Federal Trade Commission (FTC) to prioritize enforcement against deceptive U.S. origin claims. While the Order does not create a new legal standard for “Made in USA” claims, it pushes agencies and regulators to apply existing rules more aggressively and with more coordination.
What is the Made in America Rule? Under the FTC, the Made in America (USA) Labeling Rule, an “unqualified claim” is any express or implied statement that a product is of U.S. origin without disclosing foreign content or qualifying language – examples: “Made in USA” or “American Made”.
Such claims are treated the same whether they appear on product labels, online marketplaces or social media, among others. To legally make an unqualified “Made in the USA” claim, all three of the following must be true: Final assembly or processing occurs in the United States, all significant processing occurs in the United States, or all or virtually all components or ingredients are made and sourced in the United States.
This is commonly called the “all or virtually all” standard.
What’s Changed with the Executive Order? “All or virtually all” is still the rule but to make an unqualified claim, products must meet a high standard, one that can unintentionally be missed by brands:
- Be finally assembled in the U.S.
- Undergo all significant processing domestically
- Contain virtually no foreign components
Marketplaces and Marketing Channels Are Covered. The Executive Order also calls out online marketplaces and third-party sellers such as Amazon, Shopify ecosystems, and similar platforms are regulatory targets. Brands may be for not just for what they say—but for what their distribution partners say on their behalf.
What Should Brands Do?
- Review every origin claim including website, packaging, influencer content, marketplace listings and watch not only for express claims but implied and implicit claims such as “crafted in America,” “American quality,” etc.
- Substantiate your substantiation. Do you meet the “all or virtually all” standard? If the answer is not yes, then consider shifting a qualified and not unqualified claim. Example: “assembled in the USA with imported parts”.
- Tighten up vendor and other supply chain agreements. Agreements should include representations and warranties related to origin, provide indemnification for mistakes or misstatements, and should include documentation and not just assurances.
Enforcement Preparation. Historically, many companies treated “Made in USA” compliance as a marketing/legal sign-off issue, or a low risk. The FTC has been explicitly directed to prioritize these cases resulting in a more proactive enforcement. Internally, your compliance program should include product development and sourcing (not just marketing review). All parties involved should expect less tolerance for “gray area” substantiation.
Why this Matters. The Order emphasizes the need for companies to be diligent with their marketing and advertising claims, create internal operational systems to review such claims, and understand the real legal exposure for non compliance. Companies should reframe origin claims as risks and not just marketing copy, build consistent and documented substantiation processes, and ensure that legal, marketing and supply chain teams are working together.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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