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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 re-
tailer 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 ob-
tained by so increasing the price of such consumer com-
modity.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That (a) it shall be a violation of section 5(a)(1) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for
any person, partnership, or corporation—
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(1) engaging in the sale at retail of any
consumer commodity which has been distributed in
commerce; and
(2) having the authority to set the price for any
consumer commodity,
to increase the price for such consumer commodity once
a price is affixed by such person, partnership, or corpora-
tion to any such commodity. To enforce this subsection,
the Federal Trade Commission shall by regulation require
persons, partnerships, and corporations engaged in the re-
tail sale of consumer commodities to establish a system
to audit the prices at which the commodities are first of-
fered for sale and the prices at which the commodities are
sold.
(b)(1) In addition to the authority of the Federal
Trade Commission to issue a cease and desist order pursu-
ant to the provisions of section 5(b) of the Federal Trade
Commission Act (15 U.S.C. 45(b)) against a person, part-
nership, or corporation described in subsection (a), the
Commission may also order the restitution of moneys re-
ceived by any person, partnership, or corporation in viola-
tion of subsection (a).
(2) Any order issued pursuant to the provisions of
paragraph (1) shall be subject to the review procedures
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of section 5 of the Federal Trade Commission Act (15
U.S.C. 45).
(c) The Federal Trade Commission shall, by rule,
prescribe procedures with respect to the restitution of
moneys which may be ordered pursuant to subsection (b).
SEC. 2. Nothing in this Act shall be deemed to invali-
date or restrict any right or remedy pursuant to any State
law of any person who purchases any consumer commod-
ity.
SEC. 3. For purposes of this Act—
(1) The term ‘‘commerce’’ means commerce,
trade, traffic, transmission, or transportation—
(A) between a place in a State and any
place outside thereof; or
(B) which affects commerce, trade, traffic,
transmission, or transportation described in
subparagraph (A).
(2) The term ‘‘consumer commodity’’ means
any food, drug, device, or cosmetic (as such terms
are defined by the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 321)), and any other article,
product, or commodity of any kind or class which is
customarily produced or distributed for sale through
retail sales agencies or instrumentalities for con-
sumption by individuals or for use by individuals for
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purposes of personal care in the performance of
services ordinarily rendered within the household,
and which usually is consumed or expended in the
course of such consumption or use.
(3) The term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto
Rico, or any possession of the United States.
SEC. 4. The provisions of this Act shall apply to the
pricing by any person, partnership, or corporation of any
consumer commodity which is sold on or after the date
of enactment of this Act.
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