I 118th CONGRESS 2d Session H. R. 10338 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. Short title This Act may be cited as the Deceptive Downsizing Prohibition Act of 2024 . 2. Findings Congress finds the following: (1) Manufacturers of consumer products, including food, are reducing the size of such products while continuing to use packaging designed for the same or similar product of a larger size. (2) The practice of deceptive downsizing substantially harms consumers and reduces the purchasing power of consumers. (3) Consumers frequently do not appreciate or recognize that the size of a consumer product has changed until after the purchase, if ever. (4) The trend toward producing consumer products of reduced size without reducing the price has driven inflation, causing substantial injury to consumers that is not reasonably avoidable. (5) The Federal Government plays an essential role in protecting consumers from unfair or deceptive acts or practices, including ensuring manufacturers of consumer goods do not deceive customers. (6) This Act shall protect consumers by prohibiting manufacturers of consumer products from selling such products, regardless of price or cost, of reduced size in packaging previously used for the same or similar product of a larger size. 3. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Consumer product The term consumer product has the same meaning given the term in section 101 of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act ( 15 U.S.C. 2301 ). (3) Deceptive downsizing The term deceptive downsizing means the practice of a manufacturer of a consumer product selling such a product of reduced size using the same packaging that was used for any prior version of the same or substantially similar product that was of larger size. (4) Larger size The term larger size means a consumer product of greater volume, size, mass, weight, or quantity relative to the consumer product that is the subject of the alleged deceptive downsizing. (5) Reduced size The term reduced size means a reduction in volume, size, mass, weight, or quantity of a consumer product relative to any prior version of the same or substantially similar consumer product. 4. Prohibition on deceptive downsizing A manufacturer of a consumer product may not engage in deceptive downsizing with respect to such consumer product. 5. Regulations relating to prohibition on deceptive downsizing The Commission may promulgate, under section 553 of title 5, United States Code, any regulations the Commission determines necessary to carry out the provisions of this Act. 6. Enforcement by Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of this Act shall be treated as a violation of section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (b) Powers of Commission The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act, and any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Rule of construction Nothing in this Act may be construed to limit the authority of the Commission under any other provision of law.