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US Scrutiny of Made in America Claims Moves Closer to Brands

US enforcement around “Made in America” and “Made in USA” claims is becoming harder to treat as a routine advertising issue. Following the White House’s March executive order, the FTC has sharpened its attention on misleading origin claims, while the USPTO context also points to closer scrutiny where such language appears in marks, product descriptions and brand messaging. The practical risk is simple: a patriotic phrase can become a compliance problem if the manufacturing facts do not support it.

Companies using US-origin claims should review them before they reach trademark filings, packaging, websites or marketplace listings. Absolute statements are particularly exposed where materials, components or substantial processing come from outside the United States. A safer approach is to keep evidence for sourcing and assembly, avoid broad claims that overstate US contribution, and use more precise wording when only part of the production process takes place in the United States.

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