I 

118TH CONGRESS 

2D SESSION H. R. 10338 

To direct the Federal Trade Commission to promulgate regulations that 

prohibit the practice of deceptive downsizing, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2024 

Mr. CORREA introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To direct the Federal Trade Commission to promulgate regulations that prohibit the practice of deceptive downsizing, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Deceptive Downsizing 

5 Prohibition Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Manufacturers of consumer products, in9 cluding food, are reducing the size of such products 


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1 while continuing to use packaging designed for the 

2 same or similar product of a larger size. 

3 (2) The practice of deceptive downsizing sub4 stantially harms consumers and reduces the pur5 chasing power of consumers. 

6 (3) Consumers frequently do not appreciate or 

7 recognize that the size of a consumer product has 

8 changed until after the purchase, if ever. 

9 (4) The trend toward producing consumer prod10 ucts of reduced size without reducing the price has 

11 driven inflation, causing substantial injury to con12 sumers that is not reasonably avoidable. 

13 (5) The Federal Government plays an essential 

14 role in protecting consumers from unfair or decep15 tive acts or practices, including ensuring manufac16 turers of consumer goods do not deceive customers. 

17 (6) This Act shall protect consumers by prohib18 iting manufacturers of consumer products from sell19 ing such products, regardless of price or cost, of re20 duced size in packaging previously used for the same 

21 or similar product of a larger size. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) COMMISSION.—The term ‘‘Commission’’ 

25 means the Federal Trade Commission. 


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1 (2) CONSUMER PRODUCT.—The term ‘‘con2 sumer product’’ has the same meaning given the 

3 term in section 101 of the Magnuson-Moss War4 ranty—Federal Trade Commission Improvement Act 

5 (15 U.S.C. 2301). 

6 (3) DECEPTIVE DOWNSIZING.—The term ‘‘de7 ceptive downsizing’’ means the practice of a manu8 facturer of a consumer product selling such a prod9 uct of reduced size using the same packaging that 

10 was used for any prior version of the same or sub11 stantially similar product that was of larger size. 

12 (4) LARGER SIZE.—The term ‘‘larger size’’ 

13 means a consumer product of greater volume, size, 

14 mass, weight, or quantity relative to the consumer 

15 product that is the subject of the alleged deceptive 

16 downsizing. 

17 (5) REDUCED SIZE.—The term ‘‘reduced size’’ 

18 means a reduction in volume, size, mass, weight, or 

19 quantity of a consumer product relative to any prior 

20 version of the same or substantially similar con21 sumer product. 

22 SEC. 4. PROHIBITION ON DECEPTIVE DOWNSIZING. 

23 A manufacturer of a consumer product may not en24 gage in deceptive downsizing with respect to such con25 sumer product. 


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1 SEC. 5. REGULATIONS RELATING TO PROHIBITION ON DE2 CEPTIVE DOWNSIZING. 

3 The Commission may promulgate, under section 553 

4 of title 5, United States Code, any regulations the Com5 mission determines necessary to carry out the provisions 

6 of this Act. 

7 SEC. 6. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

8 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

9 A violation of this Act shall be treated as a violation of 

10 section 18(a)(1)(B) of the Federal Trade Commission Act 

11 (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive 

12 acts or practices. 

13 (b) POWERS OF COMMISSION.—The Commission 

14 shall enforce this Act in the same manner, by the same 

15 means, and with the same jurisdiction, powers, and duties 

16 as though all applicable terms and provisions of the Fed17 eral Trade Commission Act (15 U.S.C. 41 et seq.) were 

18 incorporated into and made a part of this Act, and any 

19 person who violates this Act shall be subject to the pen20 alties and entitled to the privileges and immunities pro21 vided in the Federal Trade Commission Act. 

22 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

23 may be construed to limit the authority of the Commission 

24 under any other provision of law. 

Æ 


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