America for Sale


Every summer, American brands roll out the stars and stripes like it’s a new product line. Familiar brands re-style their signature products in red-white-and-blue, star-spangled forms, trading on seasonal trends and the persistent popularity of the Fourth of July holiday. This year, over 86 percent of Americans reported plans to celebrate Independence Day, with nearly 1/3 of Americans reporting they planned to buy special edition items or other patriotic merchandise. While some companies include charitable tie-ins or other justifications in their marketing plans, patriotic marketing is everywhere, and for most brands, it is a pure money play in a multi-billion-dollar market.

Marketing has always relied on emotion, but patriotic branding taps into something deeper: belonging, trust, and national identity. As Robert Passikoff, president of Brand Keys, a brand loyalty research firm, noted, “a brand that truly resonates the value ‘patriotism,’ taps into a deep well of shared identity, cultural pride, and collective values that significantly strengthen consumer loyalty and positive brand behavior.” That is why companies love to frame everything from sausage links to hand dryers to golf gear as American-made and full of patriotic pride. They want you to associate their brand with American values and purchase patriotism as a lifestyle. Adding to the landscape, the Federal Trade Commission (“FTC”) declared July “Made in the USA” month and companies large and small are eager to capitalize on the trend.

This year, the patriotic advertising signal is louder than ever—not just because of the July 4th holiday, but because politics, tariffs, and consumer skepticism have surged “Made in the USA” and wrapped-in-the-flag marketing to new heights. Beyond the digital firework displays and pun-filled ad copy is a more cynical reality: Companies aren’t just capitalizing on seasonal trends, they’re targeting identity. But when the emotional pull of patriotism is used to mask the truth about a product’s origin, the issue shifts from cultural to legal.

FTC requires that a product labeled “Made in the USA” be “all or virtually all” domestically manufactured. That includes the sourcing of parts, final assembly, and labor. While some companies comply with this standard, many rely on ambiguous language, using phrases like “American-crafted” or “born in the USA,” that suggest a domestic origin without making a legally binding claim. This is distinct from so-called “qualified claims,” such as “Made in the USA from imported parts” or “70% American content,” which are legally binding and also provide enough information for consumers to make informed decisions.

 In recent years, the FTC has imposed civil penalties in a growing number of cases, including a $3.17 million fine against Williams-Sonoma for falsely claiming that certain home goods were American-made. In another case, Pyrex refunded thousands of customers after advertising imported measuring cups as domestic products. And yet another recent case held that Bigelow teas are not made in the USA, because the tea inside the company’s tea bags is imported. These aren’t fringe cases; they involve major retailers and everyday household brands.

In 2025, shifts in the global trade environment—including new tariffs on a wide range of imported common household materials—have added fuel to the fire. For companies trying to shield consumers from price increases, there’s now an even stronger incentive to frame products as “Made in the USA,” whether or not that label is accurate. Emphasizing domestic production (even if untrue) can become a convenient way to cultivate customer loyalty or justify rising prices.

Some businesses have responded by relocating portions of their production to the U.S. Others have turned to patriotic branding as a marketing tool, even when their supply chains remain largely international. A recent report highlighted small businesses that considered reshoring but found the costs unaffordable. In some cases, companies appeared to rely on the appearance of domestic production without meeting the legal standard, raising the risk of future regulatory action or lawsuits.

For consumers, this creates a growing challenge. If a product is labeled in a way that implies domestic origin but fails to meet FTC’s threshold, it can lead to economic injury, especially if the buyer paid a premium based on that representation. Under state consumer protection laws, that misrepresentation can form the basis for legal claims, including class actions.

Patriotic branding isn’t going anywhere. And while FTC continues to enforce false “Made in the USA” claims, but as national origin claims become more common—and more tied to pricing, trust, and supply chain anxiety—transparency matters. When companies use patriotic language to sell imported goods, they aren’t just bending the rules; they’re manipulating values that many Americans hold deeply. Consumers deserve transparency. If a product is marketed as American-made, it should be. And if it’s not, companies shouldn’t get to hide behind stars, stripes, or slogans. Holding brands accountable for misleading claims isn’t unpatriotic—it’s the most American thing we can do.

About Faruqi & Faruqi, LLP

Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.

Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.

To schedule a free consultation with our attorneys and to learn more about your legal rights, call our offices today at (877) 247-4292 or (212) 983-9330.

About Zachary M. Winkler

Zachary Winkler is an associate in Faruqi & Faruqi's Philadelphia office. Zachary's practice is focused on Consumer Protection.

Tags: faruqilaw, faruqi and faruqi, Consumer Rights, False Advertising, Consumer Protection, FTC Zachary M. Winkler Zachary M. Winkler
Associate at Faruqi & Faruqi, LLP

Pennsylvania office
Tel: (215) 277-5770
Fax: (215) 277-5771
E-mail: zwinkler@faruqilaw.com
Social: LinkedIn

Finding us

Our Offices


Our offices are nationwide. If you have any questions about a case or our firm, please contact us.

New York

685 Third Avenue 26th Floor
New York, New York 10017
(212) 983-9330
(877) 247-4292
(212) 983-9331

California

1901 Avenue of the Stars Suite 1060
Los Angeles, California 90067
(424) 256-2884
(424) 256-2885

Georgia

3565 Piedmont Road NE Building Four, Suite 380
Atlanta, Georgia 30305
(404) 847-0617
(404) 506-9534

Pennsylvania

1617 JFK Boulevard, Suite 1550
Philadelphia, Pennsylvania 19103
(215) 277-5770
(215) 277-5771

Faruqi & Faruqi office in New York, New York

Faruqi & Faruqi office in Los Angeles, California

Faruqi & Faruqi office in Atlanta, Georgia

Faruqi & Faruqi office in Philadelphia, Pennsylvania