California Legislature—2015–16 Regular Session

Assembly BillNo. 312


Introduced by Assembly Member Jones

(Coauthors: Assembly Members Travis Allen, Chang, Waldron, and Wilk)

February 12, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

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:

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SECTION 1.  

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.

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SEC. 2.  

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

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17533.7.  

begin insert(a)end insertbegin insertend 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
12article, unit, or part thereof,end delete
has beenbegin delete entirely or substantially made,
13manufactured, or produced outside ofend delete
begin insert all or virtually all made inend insert
14 the United States.

begin insert

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)).

end insert


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