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Ensuring Truthful Advertising of Products Claiming To Be Made in America

Favicon for www.federalregister.gov FR: Executive Office of the President
Published March 13th, 2026
Detected March 18th, 2026
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Summary

President Biden issued Executive Order 14392 directing the FTC to prioritize enforcement against false "Made in America" claims and consider regulations for online marketplaces. The order also mandates review of American-origin claims for government contracts.

What changed

Executive Order 14392 directs the Federal Trade Commission (FTC) to prioritize enforcement actions against sellers and manufacturers making false "Made in America" or similar American-origin claims. The FTC is also to consider issuing regulations that could deem the failure of online marketplaces to verify country-of-origin claims as an unfair or deceptive practice. Additionally, agencies overseeing government acquisition contracts must review and verify "Buy American Act" or similar claims, with referrals to the Department of Justice for misrepresentations.

Regulated entities, particularly online marketplaces and sellers making "Made in America" claims, should anticipate increased FTC scrutiny and potential new regulatory requirements regarding verification procedures. Businesses involved in government contracting must ensure their American-origin claims are accurate and substantiated. While specific compliance deadlines are not detailed, the directive for the FTC to consider regulations implies a future need for action. Misrepresentations could lead to enforcement actions and potential referral for further legal proceedings.

What to do next

  1. Review and update "Made in America" advertising claims for accuracy and substantiation.
  2. For online marketplaces, prepare for potential FTC regulations on verifying country-of-origin claims.
  3. For government contractors, review and verify all "Buy American Act" or similar American-origin claims for products sold to the government.

Penalties

Referral to the Department of Justice for potential actions under the False...

Source document (simplified)

Presidential Document

Ensuring Truthful Advertising of Products Claiming To Be Made in America

A Presidential Document by the Executive Office of the President on 03/18/2026

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  • Public Inspection Published Document: 2026-05383 (91 FR 13201) ( printed page 13201) Executive Order 14392 of March 13, 2026

Ensuring Truthful Advertising of Products Claiming To Be Made in America

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Policy. Americans have a right to clear, accurate, substantiated, and accessible information regarding whether products advertised as “Made in America” are actually made in the United States. Protecting American consumers against fraudulent American-origin claims also benefits businesses that invest in American manufacturing and products.

Yet in the age of the modern digital marketplace, foreign manufacturers and sellers represent that their products are made in the United States to target patriotic consumers when, in fact, those products are largely produced and manufactured in other countries. Americans routinely rely on sellers' “Made in America” or similar American-origin advertising when purchasing products from digital marketplaces. But American businesses building, growing, and manufacturing all, or virtually all, aspects of their products onshore are entitled to the undiluted branding benefits that come with supporting the American economy, and American citizens attempting to buy American products should have certainty as to what American-origin claims mean.

Sec. 2. Implementation. (a) The Chairman of the Federal Trade Commission (FTC) shall, wherever appropriate, prioritize enforcement actions in 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. In determining whether such claims constitute a violation of law, including an unfair or deceptive act or practice, the FTC shall, as needed, consult with other executive departments and agencies (agencies) with subject-matter expertise with respect to the relevant products.

(b) 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.).

(c) In consultation with the Chairman of the FTC, all agencies with oversight of country-of-origin labeling shall consider promulgating regulations that promote voluntary country-of-origin labeling for products made or manufactured in the United States. Such agencies shall consult with one another, as appropriate, to ensure that American businesses receive consistent guidance on voluntary country-of-origin labeling.

(d) All agencies overseeing Government-wide acquisition contracts, any Multiple Award Schedule, or any other Government-wide indefinite delivery, indefinite-quantity contracts shall periodically review and verify any “Buy American Act”, “Country of Origin USA”, or similar American-origin claims for products acquired through these contracts. For any contractors or vendors found to misrepresent an American-origin status of any product sold to the Government, the relevant agency shall remove the products from Government procurement availability and refer the relevant contractors or vendors to the Department of Justice, which may pursue actions under the False Claims Act (31 U.S.C. 3729 et seq.). ( printed page 13202)

Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The costs for publication of this order shall be borne by the Federal Trade Commission.

THE WHITE HOUSE,

March 13, 2026.

[FR Doc. 2026-05383

Filed 3-17-26; 11:15 am]

Billing code 6750-01-P

Published Document: 2026-05383 (91 FR 13201)

Classification

Agency
Executive Office of the President
Published
March 13th, 2026
Instrument
Rule
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Importers and exporters Manufacturers Retailers
Geographic scope
National (US)

Taxonomy

Primary area
Consumer Protection
Operational domain
Compliance
Topics
Advertising Government Contracts Trade

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