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Volume XI, Number 205

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Senate Passes Country of Origin Labeling Requirements for Imported Commodities Sold Online

  • We have previously reported on proposed Senate legislation that would require country of origin labeling (COOL) for imported commodities sold online. On June 8, 2021, the Senate passed the United States Innovation and Competition Act of 2021 which included the proposed COOL requirements in Section 2510 of the Act.

  • The Act as passed by the Senate is virtually unchanged from the proposed legislation that we reported on. As a recap, the legislation would require that a wide variety of imported commodities sold online be accompanied by the following disclosures on the website “in a conspicuous place”:

    • The country of origin of the product, consistent with U.S. Customs and Borders Protection (CBP) marking requirements; and

    • The country of origin in which the seller is located (and, if applicable, the location of any parent corporation)

    • Further, the online disclosures for certain categories of goods already subject to existing specialized COOL requirements would also be required to comply with these existing requirements. Importantly, products covered by USDA’s Agricultural Marketing Service (AMS) COOL would have to comply AMS’s COOL requirements in the online disclosure.

  • The legislation would be enforced by the Federal Trade Commission (FTC), but would require that FTC and CBP sign a memorandum of understanding to provide for consistent implementation of the legislation. Having passed the Senate, the legislation now will move to the House of Representatives for consideration. We will continue to monitor and report on any developments.

 

© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 166
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About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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