H.B.
353
TRUTH IN ADVERTISING ACT AMENDMENTS
house floor
Amendments
Amendment 2 February 27, 2009 11:29 am
Representative Michael T. Morley
proposes the following amendments:
1. Page
1, Line 18
:
18
{
None
}
This bill takes effect January 1, 2010.
2. Page
3, Lines 83 through 85
:
83
(u) (i) advertises that the person will not
{
sell
}
provide
a good or service labeled with an age
84
restriction or recommendation to a
{
person under
}
buyer subject to
the age restriction or
recommendation; and
85
(ii)
except as provided under Subsection (2)(g), provides
{
sells
}
that good or service to a
{
person under
}
buyer subject to
the age restriction or recommendation.
3. Page
4, Line 114
:
114
prices of brand name goods and generic goods are compared.
(g)(i) A person does not commit deceptive trade practices under Subsection (1)(u) if :
(A) at the time a good or service labeled with an age restriction or recommendation was provided
to a buyer subject to the age restriction or recommendation:
(I) the person has a documented program to train an employee on the person's policies against
providing the good or service labeled with an age restriction or recommendation to a buyer subject to
the age restriction or recommendation;
(II) the employee who provided the good or service attended the training program described in
Subsection (2)(g)(i)(A)(I) within 30 days of commencing duties of selling the good or service; and
(III) the person took appropriate remedial action, including retraining the employee; or
(B) the buyer intentionally misrepresented the buyer's age to the person at the time good or
service was provided.
(ii) Notwithstanding Subsection (2)(g)(i)(A), a person shall commit deceptive trade practices
under Subsection (1)(u) if the employee described in Subsection (2)(g)(i)(A) provides a good or service a
third or subsequent time to a buyer subject to an age restriction or recommendation.
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5, Lines 127 through 128
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(7) This chapter does not affect unfair trade practices otherwise actionable at common
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law or under other statutes of this state.
Section 2. Effective date.
This bill takes effect on January 1, 2010.
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hb0353.hfa.02.wpd
LRGC
VStirling
VStirling