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New Executive Order Adds to Growing Uncertainty Surrounding “Made in the USA” Claims

By Sheila Millar & Antonia Stamenova-Dancheva on March 18, 2026
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On March 13, 2026, President Trump signed an Executive Order (EO), “Ensuring Truthful Advertising of Products Claiming to be Made in America,” directing the Federal Trade Commission (FTC or Agency) to prioritize enforcement of fraudulent “Made in U.S.A.” (MUSA) claims “wherever appropriate.” The EO’s express targets are “foreign manufacturers and sellers,” who “target patriotic consumers” with false American-origin advertising, as well as “digital marketplaces” where such products are sold. Conversely, “American businesses building, growing, and manufacturing all, or virtually all, aspects of their products onshore” appear to be the intended beneficiaries as they are, according to the EO, “entitled to the undiluted branding benefits that come with supporting the American economy, and American citizens attempting to buy American products should have certainty as to what American-origin claims mean.” Its apparent objectives notwithstanding, the EO may in fact add to already mounting uncertainty around MUSA advertising, including for well-meaning U.S. companies who seek to make impactful, as well as truthful, claims about their products.

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Photo of Sheila Millar Sheila Millar

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has…

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.

Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.

Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law “Lawyer of the Year” 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.

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Photo of Antonia Stamenova-Dancheva Antonia Stamenova-Dancheva

Antonia Stamenova-Dancheva counsels clients on a wide range of matters, including compliance with federal and state requirements governing product safety, consumer protection, and advertising. She represents clients before various agencies, including the U.S. Consumer Product Safety Commission (CPSC), the National Advertising Division (NAD)…

Antonia Stamenova-Dancheva counsels clients on a wide range of matters, including compliance with federal and state requirements governing product safety, consumer protection, and advertising. She represents clients before various agencies, including the U.S. Consumer Product Safety Commission (CPSC), the National Advertising Division (NAD), and the Federal Trade Commission (FTC). Antonia also has extensive litigation experience representing companies in consumer class actions.

Prior to joining Keller and Heckman, Antonia served as product safety and compliance counsel at a major online retailer, where she represented their interests before the CPSC and State Attorneys General. She spent more than a decade in the Los Angeles and Washington, DC offices of a large New York-based law firm where she was directly involved in litigation strategy and day-to-day management of all aspects of civil litigation. Antonia leverages her combined in-house and private practice experience to understand her clients’ needs and, if necessary, to guide them through litigation.

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  • Posted in:
    Government and Public Policy
  • Blog:
    Consumer Protection Connection
  • Organization:
    Keller Heckman
  • Article: View Original Source

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