U.S. bill 'Anti-BDS Labeling Act' does not allow Israel to remove origin labels

What is the claim?

A post circulating on social media claims that the United States (U.S.) House of Representatives has passed the "Anti-BDS Labeling Act," a bill that would allow Israel to remove origin labels from its products. Several users shared a graphic suggesting that this legislation enables Israel to conceal product origin information to minimize boycotts. Archived versions of such posts can be accessed here and here.

Screenshots of the viral social media posts. (Source: X/Instagram/Modified by Logically Facts)

However, this claim is false. The Anti-BDS Labeling Act mandates that products from Israeli-controlled areas of the West Bank be labeled as from “Israel,” while those from Gaza or Palestinian-controlled areas must be labeled as “Gaza” or “the West Bank.” The legislation does not "permit Israel" to remove origin labels from its products.

How did we find the truth?

In the U.S., Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) mandates that all foreign products imported into the country must be clearly marked with their origin, unless an exception applies. Violating this law by removing or altering origin labels can result in penalties of up to $5,000 and/or one year of imprisonment. The law does not exempt products from Israel but provides a list of items exempt from marking, regardless of origin.

The "H.R. 5179 - Anti-BDS Labeling Act," available on the U.S. Congress website, mandates that products made in Israeli-controlled parts of the West Bank be labeled as “Made in Israel,” while those from Gaza or Palestinian-controlled areas should be labeled as “Made in Gaza” or “Made in the West Bank.” The bill, passed in the House and received by the Senate on September 19, does not allow Israel to conceal product origins.

A press release from Rep. Claudia Tenney, who sponsored the bill, confirms that H.R. 5179 requires products from Israeli-controlled areas of the West Bank (Judea and Samaria) to be labeled as “Israel.” Goods from Gaza or Palestinian-controlled areas must be labeled “Gaza” or "West Bank." The release adds that this rule reverses previous policies by the Bill Clinton and Barack Obama administrations, which labeled goods from these areas as “Made in West Bank/Gaza,” inaccurately treating them as a unified political entity and disregarding U.S. recognition of Israeli sovereignty over Judea and Samaria.

The bill in question codifies a 2020 U.S. Customs and Border Protection (CBP) notice on labeling products from the West Bank and Gaza. Under this guidance, goods from Area C of the West Bank must be labeled as “Israel,” “Product of Israel,” or “Made in Israel.” Products from Areas A and B should be marked as “West Bank,” while goods from Gaza must be labeled as “Gaza” or “Gaza Strip.” Labels like "West Bank/Gaza" are not allowed.

According to the Oslo Accords, Area C is under full Israeli control, while Areas A and B have varying degrees of Palestinian authority.

Thus, the "H.R. 5179 - Anti-BDS Labeling Act" mandates accurate labeling of products from Israeli-controlled West Bank areas as “Made in Israel.” It does not allow Israel to remove origin labels; country of origin marking remains mandatory for all products imported into the U.S.

Currently, goods from Israel have been required to comply with the 2020 notice since March 23, 2021, following a transition period. Critics, including House Democrats, argue that H.R. 5179 could harm the Joe Biden administration’s efforts toward a two-state solution and limit U.S. foreign policy flexibility by maintaining Trump-era labeling policies for West Bank and Gaza products, potentially impacting diplomacy in the region.

The verdict

The Anti-BDS Labeling Act mandates that products made in Israeli-controlled areas of the West Bank be labeled as “Made in Israel.” Claims that the bill allows Israel to remove labels indicating the origin of its products are false.