[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3707 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3707
To require clear disclosure of seller location and country-of-origin
labeling for products advertised for sale on the internet and to
prohibit false and misleading representation of United States origin on
products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2020
Ms. Baldwin (for herself, Mr. Scott of Florida, Mr. Murphy, and Mrs.
Loeffler) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require clear disclosure of seller location and country-of-origin
labeling for products advertised for sale on the internet and to
prohibit false and misleading representation of United States origin on
products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Country Of Origin Labeling Online
Act'' or the ``COOL Online Act''.
SEC. 2. MANDATORY ORIGIN AND LOCATION DISCLOSURE FOR PRODUCTS
ADVERTISED FOR SALE ON THE INTERNET.
(a) In General.--It shall be unlawful for a product to be
introduced, sold, advertised, or offered for sale in commerce on an
internet website unless the internet website description of the
product--
(1)(A) except as provided in subparagraph (B), indicates in
a conspicuous place the country of origin of the product, in a
manner consistent with the regulations prescribed under section
304 of the Tariff Act of 1930 (19 U.S.C. 1304) and the country
of origin marking regulations administered by U.S. Customs and
Border Protection; or
(B) includes, in the case of--
(i) a new passenger motor vehicle (as defined in
section 32304 of title 49, United States Code), the
disclosure required by such section;
(ii) a textile fiber product (as defined in section
2 of the Textile Fiber Products Identification Act (15
U.S.C. 70b)), the disclosure in labeling required by
such Act;
(iii) a wool product (as defined in section 2 of
the Wool Products Labeling Act of 1939 (15 U.S.C. 68)),
the disclosure in labeling required by such Act;
(iv) a fur product (as defined in section 2 of the
Fur Products Labeling Act (15 U.S.C. 69)), the
disclosure in labeling required by such Act;
(v) a covered commodity (as defined in section 281
of the Agricultural Marketing Act of 1946 (7 U.S.C.
1638)), the country of origin information required by
section 282 of such Act (7 U.S.C. 1638a); and
(vi) a pharmaceutical product subject to the
jurisdiction of the Food and Drug Administration, the
disclosure required by section 502 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 352); and
(2) indicates in a conspicuous place the country in which
the seller of the product is located (and, if applicable, the
country in which any parent corporation of such seller is
located), in a manner consistent with the regulations
prescribed under such section 304.
(b) Limitation.--The disclosure of a product's country of origin
required pursuant to subsection (a)(1) shall not be made in such a
manner as to represent to a consumer that the product is in whole, or
substantial part, of domestic origin consistent with the decisions and
orders of the Commission issued pursuant to section 5 of the Federal
Trade Commission Act (15 U.S.C. 5).
(c) Application to Third-Party Marketplace.--
(1) In general.--Notwithstanding section 230(c)(1) of the
Communications Act of 1934 (47 U.S.C. 230(c)(1)), subject to
paragraph (2), the requirements of this section shall apply to
the provider or publisher of any internet marketplace.
(2) Limitation.--The requirements of this section shall not
apply to the provider or publisher of any internet website
marketplace that can demonstrate that it acted in good faith
reliance on the written designation of a product's country of
origin made by a product's manufacturer, marketer, or importer.
SEC. 3. PROHIBITION ON FALSE AND MISLEADING REPRESENTATION OF UNITED
STATES ORIGIN ON PRODUCTS.
(1) Unlawful activity.--Notwithstanding any other provision
of law, including section 230(c)(1) of the Communications Act
of 1934 (47 U.S.C. 230(c)(1)), it shall be unlawful to make any
false or deceptive representation that a product or its parts
or processing are of United States origin in any labeling,
advertising, or other promotional materials, or any other form
of marketing, including marketing through digital or electronic
means in the United States.
(2) Deceptive representation.--For purposes of paragraph
(1), a representation as to United States origin is deceptive
if, at the time the representation is made, it cannot be
substantiated as an unqualified or qualified express or implied
origin claim in accordance with--
(A) the Commission's Enforcement Policy Statement
on U.S. Origin Claims (62 Fed. Reg. 63756 et seq.); or
(B) such further rules or policies as the
Commission may publish from time to time.
SEC. 4. ENFORCEMENT BY COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
2 or 3 shall be treated as a violation of a rule defining an unfair or
a deceptive act or practice under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of the Federal Trade Commission.--
(1) In general.--The Commission shall enforce this Act in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made a part of this Act.
(2) Privileges and immunities.--Any person that violates
section 2 or 3 shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) as though all applicable
terms and provisions of that Act were incorporated and made
part of this Act.
(3) Authority preserved.--Nothing in this Act may be
construed to limit the authority of the Commission under any
other provision of law.
SEC. 5. DEFINITION OF COMMISSION.
In this Act, the term ``Commission'' means the Federal Trade
Commission.
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