,i  #aagth ,,congress  #ast ,session    
,h4 ,r4 #bgjb  ,,in ,,the ,,house ,,of  
,,representatives  ,april #bj1 #bjba,mr4
 ,mullin introduced the following bill2 
which was referred to the ,committee on 
,energy and ,commerce  ,a ,,bill  ,to   
amend the ,federal ,trade ,commission   
,act to include requirements for        
declaring an unlawful act or practice1  
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,statement on ,unfairness ,reinforcement
 and ,emphasis ,act or the ,,sure ,act4 
#b4 ,unlawful act or practice ,section  
#e7n7 of the ,federal ,trade ,commission
 ,act 7#ae ,u4,s4,c4 #de7n77 is amended 
to read as follows3  7n7 ,unlawful act  
or practice  7#a7 ,substantial injury   
required  7,a7 ,in general ,the         
,commission shall have no authority     
under this section or section #ah to    
declare unlawful an act or practice on  
the grounds that such act or practice is
 unfair unless the act or practice      
causes or is likely to cause substantial

 injury to consumers which is not       
reasonably avoidable by consumers       
themselves and not outweighed by        
countervailing benefits to consumers or 
to competition4  7,b7 ,substantial      
injury to consumers ,for purposes of    
this subsection1 an act or practice does
 not cause and is not likely to cause   
substantial injury to consumers if the  
injury or harm resulting from such act  
or practice is trivial or merely        
speculative4 ,an injury may be          
sufficiently substantial if the injury  
does a small harm to a large number of  
people4 ,an act or practice may be      
likely to cause a substantial injury if 
the act or practice raises a significant
 risk of concrete harm4  7,c7           
,considerations required ,in determining
 whether an act or practice causes or is
 likely to cause substantial injury to  
consumers under this subsection1 the    
,commission shall consider the          
following3 7i7 ,whether the act or      
practice results in monetary harm4  7ii7

 ,whether the act or practice results in
 unwarranted health or safety risk4     
7iii7 ,whether the act or practice      
results only in emotional or other more 
subjective harm4  7#b7 ,net effects of  
injury required  7,a7 ,considerations   
required ,an act or practice is not     
unfair unless the act or practice is    
injurious in its net effects4 ,in       
determining whether an act or practice  
is injurious in its net effects1 the    
,commission shall consider the          
following3 7i7 ,the various costs for a 
remedy1 including the costs to the      
parties directly before the ,commission4
  7ii7 ,the burdens on society in       
general in the form of increased        
paperwork1 increased regulatory burdens 
on the flow of information1 reduced     
incentives to innovation and capital    
formation1 and other similar matters4   
7,b7 ,consumer decisions ,the           
,commission may not second-guess the    
wisdom of particular consumer decisions1
 but may consider whether the act or    

practice unreasonably creates or takes  
advantage of an obstacle to the free    
exercise of consumer decisionmaking4    
7#c7 ,public policy considerations ,in  
determining whether an act or practice  
is unfair1 the ,commission may consider 
established public policies as evidence 
to be considered with all other         
evidence4 ,such public policy           
considerations may not serve as a       
primary basis for such determination4   
7#d7 ,economic analysis ,in determining 
whether an act or practice is unfair1   
the ,commission shall consider an       
economic analysis from the ,bureau of   
,economics of the ,commission with      
respect to the act or practice4  4