Ensuring Truthful Advertising of Products Claiming To Be Made in America

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.

(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. ).

(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.