California Legislature—2013–14 Regular Session

Assembly Bill No. 890

Introduced by Assembly Member Jones

February 22, 2013

An act to amend Section 17533.7 of the Business and Professions Code, relating to advertising.

LEGISLATIVE COUNSEL’S DIGEST

AB 890, as introduced, Jones. False advertising.

Existing law makes it unlawful for any person, firm, corporation, or association to sell, or offer for sale, merchandise that advertises itself as being made or manufactured in the United States when any article, unit, or part of the merchandise has been entirely or substantially made, manufactured, or produced outside of the United States.

This bill would provide that a product that is made all or virtually all in the United States, within the meaning of a specified policy statement of the Federal Trade Commission, shall be deemed made within the United States, as specified. The bill would also state the intent of the Legislature in enacting the bill.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

It is the intent of the Legislature in enacting this
measure to clarify existing state law with respect to federal law in
order to improve this state’s ability to successfully compete with
other states and nations for jobs, investments, and manufacturing.

SEC. 2.  

Section 17533.7 of the Business and Professions Code
is amended to read:

17533.7.  

begin insert (a) end insert begin insert   end insert It is unlawful for any person, firm, corporation begin insert , end insert
or association to sell or offer for sale in this State any merchandise
on which merchandise or on its container there appears the words
“Made in U.S.A. begin insert , end insert ” “Made in America,” begin delete “U. S.A.,” end delete begin insert “U.S.A.,” end insert or
similar words when the merchandise or any article, unit, or part
thereof, has been entirely or substantially made, manufactured, or
produced outside of the United States.

begin insert

(b) For purposes of subdivision (a), a product that is made all
or virtually all in the United States, within the meaning of the
Enforcement Policy Statement on U.S. Origin Claims issued by
the Federal Trade Commission (62 Fed. Reg. 63756 (Dec. 2,
1997)), shall be deemed merchandise that has been entirely or
substantially made, manufactured, or produced within the United
States.

end insert