This Act requires businesses to clearly label the cost of specific, Presidentially-imposed tariffs as a "tariff surcharge" on consumer goods, with exemptions for small businesses.
Charles "Chuck" Schumer
Senator
NY
The Truth in Tariffs Act mandates that businesses clearly disclose to consumers the exact amount of a product's price attributed to specific, Presidentially-imposed tariffs enacted after January 20, 2025. This cost must be explicitly labeled as a "tariff surcharge" on the final price. The Federal Trade Commission (FTC) is tasked with enforcing this requirement, treating violations as unfair or deceptive business practices. Small businesses, as defined by the Small Business Act, are exempt from this disclosure rule.
The newly proposed Truth in Tariffs Act aims to pull back the curtain on how much trade policy actually costs consumers at the checkout counter. This bill requires companies selling products in the U.S. to clearly show customers the exact dollar amount of the price that is due to a specific type of tariff, labeling it explicitly as a "tariff surcharge." This transparency rule kicks in 30 days after the law is enacted and is designed to inform shoppers about the direct financial impact of certain trade decisions.
What exactly triggers this new labeling requirement? It only applies to what the bill calls a "covered tariff," which is defined narrowly as any tariff—or change to a tariff rate—that the President imposes on an emergency or discretionary basis and that takes effect on or after January 20, 2025. If a large retailer is selling a tool kit, for example, and a new discretionary tariff was placed on those imported tools last year, the retailer would have to calculate that tariff cost per unit and display it on the price tag or receipt. The goal is to make sure consumers know, "Okay, that $50 item has a $3 tariff tacked onto it because of a recent executive decision."
This is where the rubber meets the road for businesses. Medium and large companies are the ones who will shoulder the new administrative burden. They must implement systems to track, calculate, and display this specific surcharge. This means new accounting and labeling costs, which, let’s be honest, often get baked into the final price consumers pay, even if the intent is transparency. On the flip side, the bill offers a significant break for small businesses, exempting any entity that qualifies as a "small business concern" under the Small Business Act from having to follow this rule. If you run a local shop that sources goods from overseas but meets the small business definition, you get to skip the new compliance headache.
The Federal Trade Commission (FTC) is tasked with enforcing the Truth in Tariffs Act. If a company fails to properly display the tariff surcharge, the FTC will treat that violation as an unfair or deceptive business practice, giving them full jurisdiction and power under the existing FTC Act to investigate and penalize violators. This means the FTC can quickly write regulations to make this section work, but it also means that the penalties for non-compliance are serious. The enforcement mechanism is clear, which is good for accountability, but it also means medium and large companies need to get their compliance ducks in a row quickly to avoid fines.
For the average consumer, this bill offers a rare glimpse into the usually opaque world of trade policy costs. You might start noticing that the costs of certain goods—from electronics to furniture—are directly linked to specific government trade actions. This increased transparency is a win for informed purchasing. However, the bill introduces a medium level of vagueness, primarily around how the FTC will interpret the "emergency or discretionary basis" for a tariff. This ambiguity could create headaches for businesses trying to prove they are compliant. Ultimately, while consumers benefit from knowing exactly what they are paying for, the medium to large companies facing new compliance costs might simply pass those overhead expenses along, meaning the price tag might be more transparent, but potentially not any lower.