AB 312, as introduced, Jones. 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 instead make 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 unless the merchandise has been all or virtually all made in the Unites States, and provides that “all or virtually all” has the same meaning as a specified policy statement of the Federal Trade Commission. 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:
It is the intent of the Legislature in enacting this
2measure to clarify existing state law with respect to federal law in
3order to improve the state’s ability to successfully compete with
4other states and nations for jobs, investments, and manufacturing.
Section 17533.7 of the Business and Professions Code
6 is amended to read:
begin insert(a)end insertbegin insert end insertIt is unlawful for any person, firm, corporationbegin insert,end insert
8 or association to sell or offer for sale in thisbegin delete Stateend deletebegin insert stateend insert any
9merchandise on which merchandise or on its container there
10appears the words “Made in U.S.A.begin insert,end insert” “Made in America,”
11“U.S.A.,” or similar wordsbegin delete whenend deletebegin insert
unlessend insert the merchandisebegin delete or any has been
12article, unit, or part thereof,end deletebegin delete entirely or substantially made, begin insert all or virtually all made inend insert
13manufactured, or produced outside ofend delete
14 the United States.
15(b) For purposes of subdivision (a), merchandise that is “all or
16virtually all” made in the United States has the same meaning as
17in the Enforcement Policy Statement on U.S. Origin Claims issued
18by the Federal Trade Commission (62 Fed. Reg. 63756 (Dec. 2,
191997)).
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