Despite Administration’s Policies and Goals, “Made in the USA” Claim Requirements Have Not Changed

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While the current Trump administration has taken multiple actions to prioritize American manufacturers and products, it is important to remember that the requirements to make a “Made in the USA” claim in your advertising has not changed — a lesson Tesla was recently reminded of by Truth in Advertising, Inc., a nonprofit consumer advocacy organization.

Throughout 2025, Tesla has made a number of unqualified “Made in the USA” claims in its social media promotional posts, such as:

In addition, Tesla has submitted comments to the Office of the United States Trade Representative (USTR) suggesting steps the administration can take to address unfair trade practice “which, in the process, do not inadvertently harm U.S. companies.” Tesla urged the administration in its comments that “future trade policy actions should take into consideration existing limitations in the domestic supply chain” particularly because “even with aggressive localization of the supply chain, certain parts and components are difficult or impossible to source within the United States.” As this letter admits, even Tesla, despite its best efforts, cannot manufacture a car with all or virtually all American-made components. Yet that is exactly what is required to make Tesla’s current unqualified claims.

Specifically, the Federal Trade Commission (FTC) requires that products marketed as “Made in the USA” be “all or virtually all” made domestically and contain “no — or negligible — foreign content.”

While Tesla vehicles are assembled in the U.S., as much as 25% of the vehicles’ content comes from other countries. This fact prohibits Tesla from making these unqualified “Made in the USA” claims — as the nonprofit consumer advocacy group Truth in Advertising, Inc. reminded Tesla in a letter earlier this week.

Tesla’s experience is an important reminder to all companies seeking to market the American-made or assembled aspects of their products — unqualified “Made in the USA” claims are only possible if they meet the FTC’s long-standing and strict requirements.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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