SHOP SAFE Act of 2023

The SHOP SAFE Act of 2023 holds online marketplaces (like Amazon or eBay) financially responsible if third-party sellers on their platforms sell counterfeit products that pose health or safety risks, such as unsafe consumer goods. To avoid liability, platforms must implement specific, free measures: verify seller identities, proactively screen listings for counterfeits, quickly remove suspicious items, and terminate sellers who repeatedly sell fake products. The law applies to platforms with $500,000+ in annual sales or smaller platforms after receiving 10 verified counterfeit notices. It defines "health-safety-implicating goods" as products that could cause harm if not made to safety standards (e.g., faulty electronics or unsafe toys). The bill aims to shift accountability to platforms for counterfeit sales that endanger consumers, without restricting other trademark protections.