On March 13, 2026, the Trump Administration issued an Executive Order titled "Ensuring Truthful Advertising of Products Claiming to be Made in America," directing the FTC to prioritize enforcement against false U.S.-origin claims and requiring federal agencies to verify MUSA/Buy American claims at the contract level. Coverage from The White House, Covington, and Wiley.

What the EO actually requires

Three structural changes to Made-in-America enforcement:

  1. FTC enforcement priority. The FTC is directed to prioritize enforcement actions against manufacturers and sellers making unlawful U.S.-origin claims. Expect a visible uptick in FTC enforcement actions through 2026.
  2. Contract-level verification. Agencies overseeing government contracts must verify MUSA claims (including Buy American Act claims) for products acquired through their contracts. This creates a direct audit burden on contracting officers — who will push documentation requirements to contractors.
  3. Online marketplace rule. The FTC is directed to consider promulgating a rule that would deem an online marketplace's failure to establish procedures to verify country-of-origin claims as unfair or deceptive under the FTC Act.

How this layers onto existing Buy American

The EO builds on the existing BAA/BABA regime:

  • Current BAA requires 65% domestic content (rising to 75% for items delivered CY2029+)
  • EO adds FTC-level enforcement on advertising claims beyond contract compliance
  • Agency verification of contract claims is now explicit (previously implicit)
  • False Claims Act exposure for contract-level misrepresentations

The practical compliance lift

For federal contractors, the new EO means:

  • Any product or service advertised as "Made in USA" must survive both FTC scrutiny AND BAA-compliance audit
  • Supplier attestations need documented pedigree — verbal assurances don't survive review
  • Multi-tier sourcing (tier-2 through tier-4) must be traceable to claims
  • Online listings for federal customers must reflect verified origin

What to do this week

  • Pull every "Made in USA" claim from your product catalogs and website; verify each against BAA-compliant documentation
  • Establish supplier attestation workflow with audit rights and documentation requirements
  • Budget for re-qualification work on items flagged during internal review
  • Monitor FTC enforcement actions through 2026 — case patterns reveal priority targets

Sources