119 HR 5226 IH: Deceptive Downsizing Prohibition Act of 2025 U.S. House of Representatives 2025-09-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I119th CONGRESS1st SessionH. R. 5226IN THE HOUSE OF REPRESENTATIVESSeptember 9, 2025Mr. 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 CommerceA BILLTo 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 2025.

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.

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.

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.

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.