Sec. 2. Student athletes and endorsement contracts and agency contracts
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/bill/116/hr/8382/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to the exceptions in paragraph (2), a covered athletic organization or institution of higher education may not prohibit a student athlete from participating in intercollegiate athletics because such student athlete enters into an endorsement contract or an agency contract. A covered athletic organization or institution of higher education may prohibit a student athlete from entering into an endorsement contract with the following categories of brands, companies, or types of contracts:
A tobacco company or brand, including any vaping device or e-cigarette or related product. Any alcohol company or brand. Any seller or dispensary of a controlled substance, including marijuana. Any adult entertainment business. Any casino or entities that sponsor or promote gambling activities. A student athlete may be prohibited from wearing any item of clothing or gear with the insignia of any entity during any athletic competition or university-sponsored event. A violation of this section shall be treated as an unfair and deceptive act or practice in 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.
The Federal Trade Commission shall enforce this section 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.). Any person that violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.
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