S. 294 — COOL Online Act

This section prohibits introducing, selling, advertising, or offering for sale on internet websites any new product required to be marked with its country of origin under section 304 of the Tariff Act of 1930 (19 U.S.C. 1304)—or, for multi-sourced products (i.e., identical versions produced in multiple countries), the countries of origin—unless the website conspicuously discloses that information along with the seller's principal place of business. The requirements do not apply to (1) specified agricultural products (i.e., covered commodities, meat/poultry/egg products subject to federal inspection); (2) FDA-regulated food or drugs; (3) used or previously-owned articles; or (4) goods listed by small sellers (less than $20,000 in annual sales and fewer than 200 discrete sales). It separately requires conspicuous disclosure of the manufacturer, packer, or distributor name and place of business for certain imported drugs not subject to prescription labeling under the Federal Food, Drug, and Cosmetic Act. This section imposes an obligation on manufacturers, importers, distributors, sellers, suppliers, and private labelers to provide the required information to retailers; provides a safe harbor for retailers/sellers relying on third-party-supplied information; and limits retailer/seller liability for good faith reliance on false third-party representations of origin (provided they act immediately to remove such representations). This section treats violations as unfair or deceptive acts under FTC mag rules (15 U.S.C. 57a(a)(1)(B)), authorizes FTC enforcement using all powers under the FTC Act (15 U.S.C. 41 et seq.), and directs the FTC, U.S. Customs and Border Protection, and Department of Agriculture to enter and publish an interagency agreement within six months of enactment for consistent implementation. (Thus, online marketplaces and sellers face civil penalties for nondisclosure, with supply-chain upstream providers sharing responsibility.)