Sec. 304. Rulemaking authority for advertising to children
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/bill/113/s/39/is/section-304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The purpose of this section is to restore the authority of the Federal Trade Commission to issue regulations that restrict the marketing or advertising of foods and beverages to children under the age of 18 years if the Federal Trade Commission determines that there is evidence that consumption of certain foods and beverages is detrimental to the health of children. Section 18 of the Federal Trade Commission Act ( 15 U.S.C. 57a ) is amended— in subsection (a), by striking Except as provided in subsection (h), the and inserting The ; by amending subsection
(b)to read as follows: When prescribing a rule under subsection (a)(1)(B) of this section, the Commission shall proceed in accordance with section 553 of title 5 (without regard to any reference in such section to sections 556 and 557 of such title). ; by striking subsections (c), (f), (h), (i), and (j); by striking subsection
(d)and inserting the following: When any rule under subsection (a)(1)(B) takes effect a subsequent violation thereof shall constitute an unfair or deceptive act or practice in violation of section 5(a)(1) of this Act, unless the Commission otherwise expressly provides in such rule. ; by redesignating subsections
(e)and
(g)as subsections
(d)and (e), respectively; and in subsection (d), as redesignated— in paragraph (1)(B), by striking the transcript required by subsection (c)(5), ; in paragraph (3), by striking error) and all that follows through the period at the end and inserting error). ; and in paragraph (5), by striking subparagraph (C).
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Sec. 304
Rulemaking authority for advertising to children
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