For the second straight July, the Federal Trade Commission targeted false “Made in the USA” claims.
The agency issued warning letters to seven companies on Monday that it says appear to have misrepresented products as “Made in the USA,” and one that allegedly made false “Made in Texas” claims. While the letters did not target food and beverage companies, the industry should take heed as the warnings also apply to CPGs.
The warning letters follow an executive order, the “Ensuring Truthful Advertising of Products Claiming to be Made in America,” signed by President Trump in March, calling on the FTC to prioritize enforcement actions against companies making false MUSA claims.
“When Americans spend their hard-earned dollars on goods marketed as ‘Made in the USA,’ they deserve to have confidence that these products were all or virtually all made in this country,” Christopher Mufarrige, director of the FTC’s Bureau of Consumer Protection, said in the announcement. “We will hold accountable any company that undermines Americans’ trust with misleading or outright false US origin claims.”
Amazon and Walmart on notice
The FTC is doing more than just issuing warning letters – on April 14, 2026, the commission reached settlements worth a combined $867,743 with three companies it said made false MUSA claims.
None of the companies sells food or beverage products.
The FTC similarly sent warning letters to non-food companies in 2025, but it also put retail giants Amazon and Walmart on notice for potential false claims online.
The letters explained how the FTC’s “Made in USA” requirements also apply to online marketplaces.
“The letters also identify third-party sellers who may be making deceptive US-origin claims on those online marketplaces,” the FTC said. “In each letter, the FTC points out that such claims may violate the FTC Act and run afoul of the platform’s specific terms of service.”
State laws and regulations
The “Made in the USA” standard dates back to a 2021 executive order, “Ensuring the Future is Made in all of America by all of America’s Workers,” by President Joe Biden.
The order called on the federal government to prioritize using goods and services made in the US and “whenever possible, procure goods, products, materials and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive.”
In 2021, lawyers at national law firm Sheppard Mullin highlighted three cases that involved food and beverage companies accused of making false MUSA claims, including large companies such as Rockstar Energy Drink and Anheuser-Busch.
“As origin legislation continues to be debated and enacted, food and beverage manufacturers and retailers should be mindful of additional requirements imposed to ensure compliance with regulations,” the law firm noted. “In addition to the FTC standards, manufacturers and retailers should be aware of potential state laws regulating origin claims. Most notably, California’s state law concerning ‘Made in the USA’ claims is stricter than FTC requirements.”
Made in USA lawsuits heating up
Class-action lawsuits have been heating up since the beginning of the second Trump administration.
A Wall Street Journal article in June 2025 noted that the 13 class-action lawsuits based on “Made in US” claims in the first half of 2025 nearly doubled the seven total in 2024. Ten of those were filed by Kazerouni Law Group of Costa Mesa.
Food and beverage manufacturers could face renewed scrutiny as a result of the recent executive order.
“With increased FTC enforcement, companies should review their labeling practices and prepare for increased regulatory attention,” according to a recent blog post by law firm McGuireWoods LLP.
The law firm warned that lawsuits and FTC actions could also target implied claims, such as the use of the American flag in marketing.
More information about origin claims is available on the US Department of Agriculture’s website at https://www.usda.gov/usa.
