On March 13, 2026, President Trump signed an Executive Order targeting fraudulent American-origin claims on products sold in the United States. While much of the attention has focused on consumer protection and FTC enforcement, the order contains a provision with significant implications for federal contractors and the people who work with them.
Specifically, the order directs agencies overseeing federal procurement contracts to periodically review and verify American-origin claims for products sold to the federal government — and to refer violators to the Department of Justice for False Claims Act actions. FCA actions may also be initiated by whistleblowers with inside knowledge of this type of fraud.
What Is the False Claims Act?
The False Claims Act (FCA) is a federal law that prohibits submitting false or fraudulent claims for payment to the federal government. It is one of the government's primary tools for combating fraud in federal contracting and procurement.
Importantly, the FCA includes a "qui tam" provision that allows private individuals — known as whistleblowers or "relators" — to file lawsuits on behalf of the government against companies engaged in fraud. If the case results in a recovery, the whistleblower is entitled to receive 15 to 30 percent of the amount recovered. In significant cases, that share can be substantial.
How Does "Made in America" Fraud Implicate the FCA?
Laws such as the Buy American Act and the Trade Agreements Act require that products purchased by federal agencies meet defined standards for where they are manufactured or substantially transformed. The Buy American Act creates a preference for government acquisition of domestic end products, while the Trade Agreements Act generally prohibits government procurement of end products from foreign nations who have not entered into a trade agreement with the United States. When a contractor certifies compliance with these requirements as part of a government contract — and that certification proves false — it constitutes a false claim under the FCA.
The Executive Order brings renewed attention to this issue. By directing agencies to actively audit origin claims and refer violations to the DOJ, the administration is signaling that enforcement in this area will increase. If you have firsthand knowledge that a company is falsely certifying the origin of products it sells to the federal government — whether construction materials, electronics, uniforms, medical supplies, or other goods — the FCA may provide both a legal avenue and a financial incentive to come forward.
Who May Be in a Position to Report?
Whistleblowers in these cases often include current or former employees working in supply chain, procurement, compliance, or quality assurance roles. Individuals or entities with knowledge of competitors misrepresenting their sourcing may also have standing to file. Subcontractors who are aware of misrepresentations made further up the contracting chain can qualify as well.
If you have knowledge of fraudulent American-origin claims in federal contracting, consulting with an experienced whistleblower attorney is an important first step toward understanding your rights and options.
