H.R. 8570 — Introduced in House

I 117th CONGRESS 2d Session H. R. 8570 IN THE HOUSE OF REPRESENTATIVES July 28, 2022Mr. 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. 1. Short title This Act may be cited as the Responsible Firearms Marketing Act. 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.