[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8570 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8570
To direct the Federal Trade Commission to conduct an investigation and
submit to Congress a report on unfair or deceptive acts or practices
that may be prevalent in the advertising or marketing of firearms and
to issue regulations to prohibit unfair or deceptive acts or practices
related to the advertising or marketing of firearms, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2022
Mr. Malinowski (for himself and Ms. Kelly of Illinois) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the Federal Trade Commission to conduct an investigation and
submit to Congress a report on unfair or deceptive acts or practices
that may be prevalent in the advertising or marketing of firearms and
to issue regulations to prohibit unfair or deceptive acts or practices
related to the advertising or marketing of firearms, 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 ``Responsible Firearms Marketing
Act''.
SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES RELATED TO THE
ADVERTISING OR MARKETING OF FIREARMS.
(a) Investigation and Report by Federal Trade Commission.--
(1) Investigation.--
(A) In general.--The Commission shall conduct an
investigation to identify potentially unfair or
deceptive acts or practices that may be prevalent in
the advertising or marketing of firearms.
(B) Considerations.--In conducting the
investigation under subparagraph (A), the Commission
shall consider--
(i) advertising or marketing materials that
may--
(I) be designed to appeal to
individuals who are younger than 18
years of age; or
(II) imply or encourage illegal use
of the advertised or marketed product;
and
(ii) advertising or marketing of
semiautomatic assault weapons.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit to Congress
a report on the investigation conducted under paragraph (1).
(b) Regulations.--
(1) In general.--Not later than 18 months after submitting
the report required by subsection (a)(2), the Commission shall
issue regulations under section 553 of title 5, United States
Code, to prohibit any manufacturer, dealer, or importer of
firearms from engaging in any unfair or deceptive act or
practice related to the advertising or marketing of firearms.
(2) Requirements.--In issuing regulations under paragraph
(1), the Commission shall address--
(A) unfair or deceptive advertising or marketing
that--
(i) may be designed to appeal to
individuals who are younger than 18 years of
age;
(ii) may imply or encourage illegal use of
the advertised or marketed product; or
(iii) relates to the sale of semiautomatic
assault weapons; and
(B) any other unfair or deceptive acts or practices
related to the advertising or marketing of firearms by
manufacturers, dealers, or importers of firearms.
(c) Enforcement.--
(1) Unfair or deceptive acts or practices.--A violation of
a regulation promulgated under subsection (b) shall be treated
as a violation of a regulation under 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.
(2) Powers of commission.--The Commission shall enforce the
regulations promulgated under subsection (b) 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 section.
Any person who violates a regulation promulgated under
subsection (b) shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal Trade
Commission Act.
(3) Rule of construction.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(d) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Firearm; importer; manufacturer; dealer.--The terms
``firearm'', ``importer'', ``manufacturer'', and ``dealer''
have the meanings given such terms in section 921(a) of title
18, United States Code.
<all>