The Federal Trade Commission was quiet in its role as the Made in USA enforcement authority during the first few months of the Trump administration. But July left little doubt that the current FTC will continue the robust activity of its predecessor. The first indication was FTC Chairman Andrew Ferguson declaring July 2025 to be “Made in the USA” month. He reiterated that the FTC is charged with enforcing laws prohibiting false or unsubstantiated Made in USA claims. He further noted the importance of protecting American consumers from improper claims so they can have confidence that buying products marketed as Made in USA truly support American businesses and workers.
On July 8, 2025, the FTC issued letters to six businesses related to Made in USA claims. Of the six, four went to businesses that promoted their products as “Made in the USA” and/or made similar statements. The letters said that “information and complaints reviewed by Commission staff” suggest that the claims may be improper, and the FTC “strongly encourage[d]” the recipient to come into compliance.
The other two letters, sent to Amazon and Walmart, warned that third-party sellers on the online marketplaces may be falsely advertising products as “Made in the USA” (or similar phrasing) in violation of the companies’ seller codes of conduct. The FTC said it was notifying Amazon and Walmart so they “can monitor, identify, and take corrective action against third-party sellers who make false or misleading ‘Made in USA’ claims on [the] online marketplace.”
These letters provide two main takeaways. First, the FTC intends to continue strong enforcement against false or unsubstantiated Made in USA claims, though it may be more inclined than prior administrations to seek changes through warning letters prior to initiating enforcement actions. Second, the FTC does not view online retailers as immune to enforcement action for claims made by third-party sellers offering products on the retailers’ platforms. Taken further, this could have implications for brick-and-mortar retailers and for manufacturers that sell their products through dealers that may make claims about the origin of the manufacturers’ products. McGuireWoods is monitoring activity related to Made in USA claims, particularly during “Made in the USA” month.
