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AB-858 False advertising.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 858


Introduced  by  Assembly Member Jones

February 17, 2011


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


LEGISLATIVE COUNSEL'S DIGEST


AB 858, 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   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.
 (a) It is unlawful for any person, firm, corporation 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.” “Made in America,” “U.S.A.,” 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.
(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.