President Trump’s New Executive Order on Made in the USA Claims: A Call for Vigilance and Verification

For online sales, the Executive Order requires “FTC to 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.” Finally, all agencies overseeing government-wide acquisition contracts are instructed to periodically review and verify Buy American Act, Country of Origin USA, or similar American-origin claims associated with products acquired through these contracts.

For government contractors or vendors found to misrepresent the American-origin status of products sold to the government, the relevant products must be removed from government procurement availability, and the contractors or vendors of these products shall be reported to the Department of Justice, which may pursue actions against them under the False Claims Act.

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