119-hr5226

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5226 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5226

 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

 September 9, 2025

 Mr. Correa (for himself, Mr. Fields, Mr. Jackson of Illinois, Mr. 
 Johnson of Georgia, and Ms. Norton) 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.

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

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Deceptive Downsizing Prohibition Act 
of 2025''.

SEC. 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 
 products 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.

    (7) Consumers need clear, conspicuous, and easily 
 understandable notice of a change in the size of a consumer 
 product and simply including the reduced size on the packaging 
 without context or highlighting does not provide sufficient 
 notice to consumers to avoid a violation of this Act.

SEC. 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 
 or substantially similar 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.

SEC. 4. PROHIBITION ON DECEPTIVE DOWNSIZING.

    (a) Prohibition.--A manufacturer of a consumer product may not 
engage in deceptive downsizing with respect to such consumer product.

    (b) Safe Harbor.--A manufacturer of a consumer product shall not be 
liable for deceptive downsizing with respect to such consumer product 
in violation of subsection

    (a) if the manufacturer sells the consumer 
product in a reduced size using the same or substantially similar 
packaging as for the larger size of the consumer product and--

    (1) the manufacturer provides notice on the principal 
 display panel of such packaging that the consumer product is of 
 reduced size; and

    (2) such notice--
        (A) is conspicuous, clear, and easy for consumers 
 to read and understand; and
        (B) states the larger size of the consumer product 
 and the reduced size of the consumer product.

SEC. 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.

SEC. 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.
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