COOL Online Act

This bill requires online sellers of imported products to conspicuously disclose in online listings each product’s country of origin. The requirement generally applies to products that must be physically labeled with their country of origin under current law. Some agricultural products, food and drugs, and previously owned items are exempt, as are certain low-volume sellers. Listings for certain nonprescription drugs must include additional information currently required to be included on the drug’s packaging.

The bill specifies that online stores and marketplaces are not liable for violations of these provisions where they provided third-party sellers or suppliers with notice of the requirement and means to post the required disclosure. (Under the bill, an online marketplace is a consumer-directed online platform that enables third parties to sell products to consumers.) An online marketplace retains liability where the marketplace itself sells a product, rather than facilitating a third-party sale. Sellers are not liable where an online marketplace did not provide them with notice of the requirement or means to post the required disclosure.

The Federal Trade Commission must enter into an agreement with specified federal agencies with respect to implementation of these provisions. These provisions take effect one year after such an agreement is published.

Separately, the bill adds cooked king crab and tanner crab and cooked and canned salmon to the list of seafood products for which retailers must inform consumers of the product’s country of origin at the final point of sale.