ARTICLE
16 June 2025

WSJ Examines Increase In ​"Made In USA" Challenges

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Kelley Drye & Warren LLP

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Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
We've written various posts about challenges to Made in USA claims, including class action lawsuits (like this one) and regulatory investigations (like this one).
United States Litigation, Mediation & Arbitration

We've written various posts about challenges to Made in USA claims, including class action lawsuits (like this one) and regulatory investigations (like this one). A recent article in The Wall Street Journal examines the recent increase in these types of challenges and finds an unlikely source of inspiration behind them – President Trump's election last year.

According to the article, there have been 13 proposed class-action suits over "Made in USA" claims filed so far in 2025, compared to seven in all of 2024. Although multiple firms have filed cases, the article concludes that the increase is largely driven by one California firm "that saw President Trump's re-election as a green light."

"One of the platforms the administration was running on was how important American-made things are," said the firms' founding partner. "So the American public has out and out said, 'This is something that's important to us.'" Whether or not the public really thinks these lawsuits are important, the firm has moved forward and filed ten this year.

According to the article, the firm placed ads to find plaintiffs who had purchased certain products and attracted others through its history litigating cases focused on product labeling. The firm handles the cases on a contingency basis, so its compensation will come from any damages or settlements that result. In some cases, like this one, that could mean big numbers.

These cases are likely to continue, so if you haven't recently looked at how you make "Made in USA" claims and what substantiation you for them, now may be the time to do that. Remember that this isn't a one-time exercise and that you may need to revisit the analysis when you change suppliers or manufacturing practices.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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