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