Sec. 2510. Country Of Origin Labeling Online Act

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It shall be unlawful for a product that is required to be marked under section 304 of the Tariff Act of 1930 ( 19 U.S.C. 1304 ) or its implementing regulations to be introduced, sold, advertised, or offered for sale in commerce on an internet website unless the internet website description of the product— 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; and includes, in the case of— a new passenger motor vehicle (as defined in section 32304 of title 49, United States Code), the disclosure required by such section; a textile fiber product (as defined in section 2 of the Textile Fiber Products Identification Act ( 15 U.S.C. 70b )), the disclosure required by such Act; a wool product (as defined in section 2 of the Wool Products Labeling Act of 1939 ( 15 U.S.C. 68 )), the disclosure required by such Act; a fur product (as defined in section 2 of the Fur Products Labeling Act ( 15 U.S.C. 69 )), the disclosure required by such Act; and 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 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).

The disclosure of a product’s country of origin required pursuant to paragraph (1)(A) shall not be made in such a manner as to represent to a consumer that the product is in whole, or part, of United States origin, unless such disclosure is consistent with section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ), provided that no other Federal statute applies. It shall be unlawful for a drug that is not subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ) and that is required to be marked under section 304 of the Tariff Act of 1930 ( 19 U.S.C. 1304 ) to be offered for sale in commerce to consumers on an internet website unless the internet website description of the drug indicates in a conspicuous manner the name and place of business of the manufacturer, packer, or distributor that is required to appear on the label of the drug in accordance with section 502(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352(b) ).

Notwithstanding any other provision of law, 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. For purposes of paragraph (1), a representation that a product is in whole, or in part, of United States origin is deceptive if, at the time the representation is made, such claim is not consistent with section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45(a) ), provided that no other Federal statute applies.

A violation of subsection

(a)or

(b)shall be treated as a violation of a rule under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall enforce this section 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 section. Any person that violates subsection

(a)or

(b)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 section. Nothing in this section may be construed to limit the authority of the Commission under any other provision of law. Not later than 6 months after the date of enactment of this division, the Commission and U.S. Customs and Border Protection shall— enter into a Memorandum of Understanding or other appropriate agreement for the purpose of providing consistent implementation of this section; and publish such agreement to provide public guidance. In this subsection, the term Commission means the Federal Trade Commission. This section shall take effect 9 months after the date of enactment of this division.

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