| By: CC Hovie and Kay Kkendasot Mattena For centuries, Native Wisdomkeepers have created items that carry deep cultural meaning, transmit knowledge, and hold the intellectual property of a Native Nation. Yet the market for Native art and craftwork has been littered with fraud and misrepresentation—where sellers pass off mass-produced goods or copy traditional designs without consent. This deception robs Native Nations of both economic opportunity and cultural integrity, while misleading buyers and continuing a long history of mislabeling and exploitation of Native cultural heritage. |  |
For too long, museums, auction houses, collectors, and the market have mislabeled the cultural heritage of Native Nations as “art,” detaching it from its living cultural and spiritual context. The Ancestors of our Nations did not create these items as decorative pieces for display. They are Sacred, some are ceremonial regalia and others are tools for transmitting knowledge. Through colonization, these items were stolen, sold and exhibited without consent, often stripped of their true names and purposes. This misrepresentation reduces cultural heritage to commodities for non-Native consumption, erases the Nations and Peoples who created them, and undermines the sovereignty that protects their heritage.
It was against this backdrop of theft, mislabeling, and exploitation that Congress passed the Indian Arts and Crafts Act (IACA) of 1990 (P.L. 101-644), a truth-in-advertising law designed to stop these abuses and others. The IACA prohibits offering, displaying, or selling any art or craft product in a way that falsely suggests it is Native-produced, an Indian product, or the work of a specific Native Nation or artist without certification from that Nation. The Act protects all traditional and contemporary Native arts and crafts made after 1934, from jewelry, pottery, and baskets to kachina dolls, woven rugs, and clothing. Under the law, “Indian” means an enrolled citizen of a federally or state-recognized Native Nation or an individual certified as an Indian artisan by a Native Nation.
Violations carry serious consequences: individuals face fines up to $250,000 or five years in prison, while businesses can be fined up to $1 million. The law applies to all persons and businesses marketing in the United States, regardless of whether the seller is Native or non-Native. All products must be marketed truthfully regarding the citizenship of the maker. For example, labeling an item as “Navajo Jewelry” is illegal if it was not created by a Navajo citizen or a certified Navajo artisan.
The Association on American Indian Affairs has a long history with this law, having been instrumental in the passage of the original 1935 Indian Arts and Crafts Act and working closely with Native Nations to ensure the language supported their sovereignty and economic interests through subsequent amendments. Today, the Association continues to educate buyers, sellers, and policymakers about the Act’s protections and the need for stronger enforcement.
Despite the IACA, fraudulent sales remain common. The growing demand for “Native-style” products has fueled a market flooded with inauthentic goods, often imported from overseas. For example, if you happen to like Native topics on Facebook, you will probably receive ads for ribbon skirts, blankets, and other items that look like they are Native made, but are actually made in the Philippines and elsewhere. Many events and online platforms fail to verify authenticity, leaving buyers with little assurance that their purchase is legitimate. Some sellers deliberately blur the truth, using vague labels like “Indian-style” or implying a connection to a Native Nation without proof.
Examples of the IACA in action include a 2017 federal jury indictment of four individuals for fraudulently selling Filipino-made jewelry as Native American-made. In November 2024, in Juneau, Alaska, three men were sentenced for their roles in a scheme to sell hundreds of products made in the Philippines as authentic Alaska Native artwork, violating the Indian Arts and Crafts Act.
This deception has both economic and cultural consequences. It diverts income away from Native artists and undermines the market for authentic work. It also appropriates intellectual property, designs and traditions that belong collectively to Native Nations—heritage that cannot be separated from its cultural and spiritual roots. In this way, fraudulent goods perpetuate the same disregard for Native sovereignty that has fueled centuries of theft and exploitation.
Internationally, the problem can be even harder to address. Other countries have no legal protections for Native cultural heritage, allowing fraudulent goods to be sold without consequence. Others permit misleading marketing as long as products are labeled “inspired by” or “style of.” Without coordinated enforcement, these gaps enable inauthentic goods to move across borders, further eroding the market for Native artists.
At the institutional level, this conversation includes ongoing disputes between Native Artists and the City of Berkeley, which resurfaced earlier this year following pressure from the artists and the Civic Arts Commission. Turtle Island Monument Fountain artists Lee Sprague (Potawatomi) and Marlene Watson (Navajo) designed the monument in 1992, but funding and bureaucratic issues delayed its production. In 2005, Berkeley revived the project but hired a non-Native artist to complete the monument, violating the IACA by approving a non-Native artist to produce a Native-made design. In 2021, Berkeley realized the mistake but refused to apologize formally, and the city still will not issue a formal statement recognizing Sprague and Watson as the original artists. This situation reflects a broader pattern of disregard and disrespect experienced by Native artists across Turtle Island, whose work is regularly a target of theft, non-consensual fraudulent reproductions, and devaluation. The path forward is simple: acknowledge the original Native creators in the way they request, pay a price that reflects the depth of their skill and heritage, and honor the sovereignty of Native Nations to protect and defend their citizens.
Positive change is possible when institutions and individuals commit to ethical practices. Some galleries, museums, and event organizers require proof of authenticity from vendors and maintain strict compliance policies. Buyers who ask the right questions—and insist on written verification—help create accountability. Choosing to invest in work by contemporary Native artists ensures that purchases directly support living cultures and the sovereignty of Native Nations. The Association even sees other Native organizations who host trade shows and conferences that do not require authentication.
You can help protect Native art and culture. Before buying, look for clear statements about compliance with the Indian Arts and Crafts Act. If none are provided, ask for written proof that the artist is a citizen of a Native Nation or a certified Indian artisan. Support events, galleries, and online platforms that verify authenticity. And share this information with others—many buyers may simply don’t know the law exists.
The Association invites artists, collectors, and the public to join us in safeguarding Native art from fraud. By upholding the Indian Arts and Crafts Act, we can strengthen Native economies, honor cultural sovereignty, and ensure that the stories, traditions, and creation of Native art remain in Native hands. If you suspect a violation of the Act, you can learn how to report it at www.doi.gov/iacb/should-i-report-potential-violation. Together, we can protect Native creators, respect sovereignty, and keep Native art rooted in the Nations and Peoples who create it.
Sources
U.S. Department of the Interior, “The Indian Arts and Crafts Act of 1990,” accessed August 13, 2025, https://www.doi.gov/iacb/act.
Association on American Indian Affairs, “Warning to Buyers of Native Cultural Heritage,” Press Release, March 15, 2023, https://www.indian-affairs.org/uploads/8/7/3/8/87380358/2023-03-15_buyers_beware_press_release.pdf.
U.S. Immigration and Customs Enforcement, “Federal Jury in New Mexico Indicts 4 Individuals Linked to International Scheme to Fraudulently Import, Sell Filipino-Made Jewelry as Native American-Made,” Press Release, February 10, 2017, https://www.ice.gov/news/releases/federal-jury-new-mexico-indicts-4-individuals-linked-international-scheme.
U.S. Department of Justice, U.S. Attorney’s Office for the District of Alaska, “Three Men Sentenced in Local Indian Arts and Crafts Act Case,” Press Release, November 12, 2024, https://www.justice.gov/usao-ak/pr/three-men-sentenced-local-indian-arts-and-crafts-act-case.
Frances Dinkelspiel, “Downtown Fountain Project Called Off Due to Clash Between Berkeley and Indigenous Artists,” Berkeleyside, July 25, 2025, https://www.berkeleyside.org/2025/07/25/turtle-island-monument-berkeley-civic-center.
It was against this backdrop of theft, mislabeling, and exploitation that Congress passed the Indian Arts and Crafts Act (IACA) of 1990 (P.L. 101-644), a truth-in-advertising law designed to stop these abuses and others. The IACA prohibits offering, displaying, or selling any art or craft product in a way that falsely suggests it is Native-produced, an Indian product, or the work of a specific Native Nation or artist without certification from that Nation. The Act protects all traditional and contemporary Native arts and crafts made after 1934, from jewelry, pottery, and baskets to kachina dolls, woven rugs, and clothing. Under the law, “Indian” means an enrolled citizen of a federally or state-recognized Native Nation or an individual certified as an Indian artisan by a Native Nation.
Violations carry serious consequences: individuals face fines up to $250,000 or five years in prison, while businesses can be fined up to $1 million. The law applies to all persons and businesses marketing in the United States, regardless of whether the seller is Native or non-Native. All products must be marketed truthfully regarding the citizenship of the maker. For example, labeling an item as “Navajo Jewelry” is illegal if it was not created by a Navajo citizen or a certified Navajo artisan.
The Association on American Indian Affairs has a long history with this law, having been instrumental in the passage of the original 1935 Indian Arts and Crafts Act and working closely with Native Nations to ensure the language supported their sovereignty and economic interests through subsequent amendments. Today, the Association continues to educate buyers, sellers, and policymakers about the Act’s protections and the need for stronger enforcement.
Despite the IACA, fraudulent sales remain common. The growing demand for “Native-style” products has fueled a market flooded with inauthentic goods, often imported from overseas. For example, if you happen to like Native topics on Facebook, you will probably receive ads for ribbon skirts, blankets, and other items that look like they are Native made, but are actually made in the Philippines and elsewhere. Many events and online platforms fail to verify authenticity, leaving buyers with little assurance that their purchase is legitimate. Some sellers deliberately blur the truth, using vague labels like “Indian-style” or implying a connection to a Native Nation without proof.
Examples of the IACA in action include a 2017 federal jury indictment of four individuals for fraudulently selling Filipino-made jewelry as Native American-made. In November 2024, in Juneau, Alaska, three men were sentenced for their roles in a scheme to sell hundreds of products made in the Philippines as authentic Alaska Native artwork, violating the Indian Arts and Crafts Act.
This deception has both economic and cultural consequences. It diverts income away from Native artists and undermines the market for authentic work. It also appropriates intellectual property, designs and traditions that belong collectively to Native Nations—heritage that cannot be separated from its cultural and spiritual roots. In this way, fraudulent goods perpetuate the same disregard for Native sovereignty that has fueled centuries of theft and exploitation.
Internationally, the problem can be even harder to address. Other countries have no legal protections for Native cultural heritage, allowing fraudulent goods to be sold without consequence. Others permit misleading marketing as long as products are labeled “inspired by” or “style of.” Without coordinated enforcement, these gaps enable inauthentic goods to move across borders, further eroding the market for Native artists.
At the institutional level, this conversation includes ongoing disputes between Native Artists and the City of Berkeley, which resurfaced earlier this year following pressure from the artists and the Civic Arts Commission. Turtle Island Monument Fountain artists Lee Sprague (Potawatomi) and Marlene Watson (Navajo) designed the monument in 1992, but funding and bureaucratic issues delayed its production. In 2005, Berkeley revived the project but hired a non-Native artist to complete the monument, violating the IACA by approving a non-Native artist to produce a Native-made design. In 2021, Berkeley realized the mistake but refused to apologize formally, and the city still will not issue a formal statement recognizing Sprague and Watson as the original artists. This situation reflects a broader pattern of disregard and disrespect experienced by Native artists across Turtle Island, whose work is regularly a target of theft, non-consensual fraudulent reproductions, and devaluation. The path forward is simple: acknowledge the original Native creators in the way they request, pay a price that reflects the depth of their skill and heritage, and honor the sovereignty of Native Nations to protect and defend their citizens.
Positive change is possible when institutions and individuals commit to ethical practices. Some galleries, museums, and event organizers require proof of authenticity from vendors and maintain strict compliance policies. Buyers who ask the right questions—and insist on written verification—help create accountability. Choosing to invest in work by contemporary Native artists ensures that purchases directly support living cultures and the sovereignty of Native Nations. The Association even sees other Native organizations who host trade shows and conferences that do not require authentication.
You can help protect Native art and culture. Before buying, look for clear statements about compliance with the Indian Arts and Crafts Act. If none are provided, ask for written proof that the artist is a citizen of a Native Nation or a certified Indian artisan. Support events, galleries, and online platforms that verify authenticity. And share this information with others—many buyers may simply don’t know the law exists.
The Association invites artists, collectors, and the public to join us in safeguarding Native art from fraud. By upholding the Indian Arts and Crafts Act, we can strengthen Native economies, honor cultural sovereignty, and ensure that the stories, traditions, and creation of Native art remain in Native hands. If you suspect a violation of the Act, you can learn how to report it at www.doi.gov/iacb/should-i-report-potential-violation. Together, we can protect Native creators, respect sovereignty, and keep Native art rooted in the Nations and Peoples who create it.
Sources
U.S. Department of the Interior, “The Indian Arts and Crafts Act of 1990,” accessed August 13, 2025, https://www.doi.gov/iacb/act.
Association on American Indian Affairs, “Warning to Buyers of Native Cultural Heritage,” Press Release, March 15, 2023, https://www.indian-affairs.org/uploads/8/7/3/8/87380358/2023-03-15_buyers_beware_press_release.pdf.
U.S. Immigration and Customs Enforcement, “Federal Jury in New Mexico Indicts 4 Individuals Linked to International Scheme to Fraudulently Import, Sell Filipino-Made Jewelry as Native American-Made,” Press Release, February 10, 2017, https://www.ice.gov/news/releases/federal-jury-new-mexico-indicts-4-individuals-linked-international-scheme.
U.S. Department of Justice, U.S. Attorney’s Office for the District of Alaska, “Three Men Sentenced in Local Indian Arts and Crafts Act Case,” Press Release, November 12, 2024, https://www.justice.gov/usao-ak/pr/three-men-sentenced-local-indian-arts-and-crafts-act-case.
Frances Dinkelspiel, “Downtown Fountain Project Called Off Due to Clash Between Berkeley and Indigenous Artists,” Berkeleyside, July 25, 2025, https://www.berkeleyside.org/2025/07/25/turtle-island-monument-berkeley-civic-center.
