BILL NUMBER: AB 312 INTRODUCED
BILL TEXT
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:
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 the 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. (a) It is unlawful for any person,
firm, corporation , or association to sell or offer for
sale in this State state any merchandise
on which merchandise or on its container there appears the words
"Made in U.S.A. , " "Made in America," "U.S.A.," or
similar words when unless the
merchandise or any article, unit, or part thereof,
has been entirely or substantially made, manufactured, or
produced outside of all or virtually all made in
the United States.
(b) For purposes of subdivision (a), merchandise that is "all or
virtually all" made in the United States has the same meaning as in
the Enforcement Policy Statement on U.S. Origin Claims issued by the
Federal Trade Commission (62 Fed. Reg. 63756 (Dec. 2, 1997)).