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TRACIT Grateful for Inform Act, but Still Wants Shop Safe

The Transnational Alliance to Combat Illicit Trade (TRACIT) thanked the champions of the Inform Consumers Act after it was included in the year-end spending bill on Dec. 23, saying it "is a critical element in the fight against the online sale of counterfeit and stolen products," but noting that the group still wants movement on Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act, or Shop Safe.

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That bill would create contributory liability for e-commerce platforms where counterfeits are sold that implicate health and safety unless sellers have registered agents or addresses in the U.S. so they can be served; the seller's identity is verified; and the platforms remove and ban repeat offenders, with a procedure for trademark owners to request the removal of counterfeit goods' listings.

“The SHOP SAFE Act was excluded from the final omnibus package, however, and Congress must pass this bipartisan companion bill to enhance consumer protection for e-commerce purchases by holding e-commerce and social media platforms liable for selling counterfeit and illicit products that harm consumers, if they don’t adhere to a set of prescribed best practices,” TRACIT Director General Jeffrey Hardy said in an emailed press release. “TRACIT will work with business and consumer organizations to urge Congress to act early in 2023."