‘Made in America’ Claims Face Scrutiny Under Executive Order

Julianna Dzwierzynski, Elena M. Quattrone, Zachary S. Taylor, and Jack Wenik, attorneys in the in the Health Care & Life Sciences practice, co-authored an article in SupplySide Supplement Journal, titled “‘Made in America’ Claims Face Scrutiny Under Executive Order.”

Following is an excerpt:

On March 13, 2026, President Trump signed ;Executive Order 14392, titled Ensuring Truthful Advertising of Products Claiming to Be Made in America, which broadly targets false or misleading country-of-origin claims across industries. Its implications for the dietary supplement sector are particularly acute. “Made in USA” and similar American-origin claims are among the most prevalent marketing representations in the supplement industry, yet also among the most legally vulnerable given the global nature of ingredient sourcing.

Core Features of Executive Order 14392

EO 14392 does not create new substantive legal standards, but meaningfully raises the stakes for companies making American-origin claims. The EO’s key directives are:

• Prioritized FTC Enforcement. The executive order directs the chair of the Federal Trade Commission (FTC), which regulates advertising and marketing claims, to prioritize enforcement actions whenever a “Made in America,” “Made in the U.S.A.” or similar American-origin claim constitutes a violation of law, including an unfair or deceptive act or practice under the ;FTC Act.
• Potential Rulemaking for Online Marketplaces. The executive order instructs the FTC to consider issuing proposed regulations that would provide that an online marketplace’s failure to establish procedures for verifying country-of-origin claims may itself constitute an unfair or deceptive act or practice.
• Voluntary Labeling Guidance. All agencies with oversight of country-of-origin labeling are directed to consider promulgating regulations that promote voluntary country-of-origin labeling, with a mandate for inter-agency consistency.
• Government Procurement Verification. Agencies overseeing government contracts are required to periodically review American-origin claims. Contractors found to have misrepresented origin status face removal from procurement eligibility and referral to the Department of Justice (DOJ) for potential False Claims Act (FCA) liability.

Taken together, the executive order's directives signal a shift from complaint-driven enforcement ;to proactive, targeted scrutiny — particularly of e-commerce channels and mass-market consumer goods. For dietary supplement companies that rely on patriotic branding, these directives pose a materially elevated compliance risk.

Existing FTC Framework: The 'all or virtually all' Standard

The FTC has long held that an unqualified “Made in USA” claim requires that a product be “all or virtually all” made in the United States. In August 2021, the FTC formalized this standard by finalizing the Made in USA Labeling Rule, codified at ;16 C.F.R. Part 323. Under that rule, an unqualified “Made in USA” label, including on online marketing materials and catalogs, is an unfair or deceptive act or practice unless: (i) the final assembly or processing of the product occurs in the United States; (ii) all significant processing that goes into the product occurs in the United States; and (iii) all or virtually all ingredients or components of the product are made and sourced in the United States.

The term “Made in the United States” is broadly defined to capture any unqualified representation – express or implied – that a product is of U.S. origin, including the words “made,” “manufactured,” “built,” “produced,” “created” or “crafted” in the United States or in America. Even the use of United States flags, maps or patriotic imagery in advertising can constitute an implied origin claim under FTC guidance. Violations of the Made in USA Labeling Rule ;are treated as violations of Section 18 of the FTC Act, authorizing substantial civil penalties.