Deceptive Downsizing Prohibition Act of 2024

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10338 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                               H. R. 10338

 To direct the Federal Trade Commission to promulgate regulations that 
 prohibit the practice of deceptive downsizing, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2024

  Mr. Correa introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Federal Trade Commission to promulgate regulations that 
 prohibit the practice of deceptive downsizing, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deceptive Downsizing Prohibition Act 
of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Manufacturers of consumer products, including food, are 
        reducing the size of such products while continuing to use 
        packaging designed for the same or similar product of a larger 
        size.
            (2) The practice of deceptive downsizing substantially 
        harms consumers and reduces the purchasing power of consumers.
            (3) Consumers frequently do not appreciate or recognize 
        that the size of a consumer product has changed until after the 
        purchase, if ever.
            (4) The trend toward producing consumer products of reduced 
        size without reducing the price has driven inflation, causing 
        substantial injury to consumers that is not reasonably 
        avoidable.
            (5) The Federal Government plays an essential role in 
        protecting consumers from unfair or deceptive acts or 
        practices, including ensuring manufacturers of consumer goods 
        do not deceive customers.
            (6) This Act shall protect consumers by prohibiting 
        manufacturers of consumer products from selling such products, 
        regardless of price or cost, of reduced size in packaging 
        previously used for the same or similar product of a larger 
        size.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Consumer product.--The term ``consumer product'' has 
        the same meaning given the term in section 101 of the Magnuson-
        Moss Warranty--Federal Trade Commission Improvement Act (15 
        U.S.C. 2301).
            (3) Deceptive downsizing.--The term ``deceptive 
        downsizing'' means the practice of a manufacturer of a consumer 
        product selling such a product of reduced size using the same 
        packaging that was used for any prior version of the same or 
        substantially similar product that was of larger size.
            (4) Larger size.--The term ``larger size'' means a consumer 
        product of greater volume, size, mass, weight, or quantity 
        relative to the consumer product that is the subject of the 
        alleged deceptive downsizing.
            (5) Reduced size.--The term ``reduced size'' means a 
        reduction in volume, size, mass, weight, or quantity of a 
        consumer product relative to any prior version of the same or 
        substantially similar consumer product.

SEC. 4. PROHIBITION ON DECEPTIVE DOWNSIZING.

    A manufacturer of a consumer product may not engage in deceptive 
downsizing with respect to such consumer product.

SEC. 5. REGULATIONS RELATING TO PROHIBITION ON DECEPTIVE DOWNSIZING.

    The Commission may promulgate, under section 553 of title 5, United 
States Code, any regulations the Commission determines necessary to 
carry out the provisions of this Act.

SEC. 6. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of this Act 
shall be treated as a violation of section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or 
deceptive acts or practices.
    (b) Powers of Commission.--The Commission shall enforce this Act in 
the same manner, by the same means, and with the same jurisdiction, 
powers, and duties as though all applicable terms and provisions of the 
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated 
into and made a part of this Act, and any person who violates this Act 
shall be subject to the penalties and entitled to the privileges and 
immunities provided in the Federal Trade Commission Act.
    (c) Rule of Construction.--Nothing in this Act may be construed to 
limit the authority of the Commission under any other provision of law.
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