I

103D CONGRESS

1ST SESSION H. R. 128

To make it an unfair practice for any retailer to increase the price of

certain consumer commodities once the retailer marks the price on any

such consumer commodity, and to permit the Federal Trade Commission

to order any such retailer to refund any amounts of money obtained

by so increasing the price of such consumer commodity.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mrs. COLLINS of Illinois introduced the following bill; which was referred to

the Committee on Energy and Commerce

A BILL

To make it an unfair practice for any retailer to increase

the price of certain consumer commodities once the retailer marks the price on any such consumer commodity,

and to permit the Federal Trade Commission to order

any such retailer to refund any amounts of money obtained by so increasing the price of such consumer commodity.

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

3 That (a) it shall be a violation of section 5(a)(1) of the

4 Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for

5 any person, partnership, or corporation—
2

HR 128 IH

1 (1) engaging in the sale at retail of any

2 consumer commodity which has been distributed in

3 commerce; and

4 (2) having the authority to set the price for any

5 consumer commodity,

6 to increase the price for such consumer commodity once

7 a price is affixed by such person, partnership, or corpora8 tion to any such commodity. To enforce this subsection,

9 the Federal Trade Commission shall by regulation require

10 persons, partnerships, and corporations engaged in the re11 tail sale of consumer commodities to establish a system

12 to audit the prices at which the commodities are first of13 fered for sale and the prices at which the commodities are

14 sold.

15 (b)(1) In addition to the authority of the Federal

16 Trade Commission to issue a cease and desist order pursu17 ant to the provisions of section 5(b) of the Federal Trade

18 Commission Act (15 U.S.C. 45(b)) against a person, part19 nership, or corporation described in subsection (a), the

20 Commission may also order the restitution of moneys re21 ceived by any person, partnership, or corporation in viola22 tion of subsection (a).

23 (2) Any order issued pursuant to the provisions of

24 paragraph (1) shall be subject to the review procedures
3

HR 128 IH

1 of section 5 of the Federal Trade Commission Act (15

2 U.S.C. 45).

3 (c) The Federal Trade Commission shall, by rule,

4 prescribe procedures with respect to the restitution of

5 moneys which may be ordered pursuant to subsection (b).

6 SEC. 2. Nothing in this Act shall be deemed to invali7 date or restrict any right or remedy pursuant to any State

8 law of any person who purchases any consumer commod9 ity.

10 SEC. 3. For purposes of this Act—

11 (1) The term ‘‘commerce’’ means commerce,

12 trade, traffic, transmission, or transportation—

13 (A) between a place in a State and any

14 place outside thereof; or

15 (B) which affects commerce, trade, traffic,

16 transmission, or transportation described in

17 subparagraph (A).

18 (2) The term ‘‘consumer commodity’’ means

19 any food, drug, device, or cosmetic (as such terms

20 are defined by the Federal Food, Drug, and Cos21 metic Act (21 U.S.C. 321)), and any other article,

22 product, or commodity of any kind or class which is

23 customarily produced or distributed for sale through

24 retail sales agencies or instrumentalities for con25 sumption by individuals or for use by individuals for
4

HR 128 IH

1 purposes of personal care in the performance of

2 services ordinarily rendered within the household,

3 and which usually is consumed or expended in the

4 course of such consumption or use.

5 (3) The term ‘‘State’’ means a State, the Dis6 trict of Columbia, the Commonwealth of Puerto

7 Rico, or any possession of the United States.

8 SEC. 4. The provisions of this Act shall apply to the

9 pricing by any person, partnership, or corporation of any

10 consumer commodity which is sold on or after the date

11 of enactment of this Act.

Æ