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May 22, 2012

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California One Step Closer to Banning Deceptive Advertising
By Christy O'Farrell

A bill that would make it illegal in California for floral vendors to misrepresent their geographic location in Internet and print advertisements passed the state Assembly May 3 on a 60-11 bipartisan vote. State legislator Bob Wieckowski (D-Fremont) introduced the bill, AB 1581, after a florist in his district, Dirk Lorenz of Fremont Flowers, won his “There Oughta Be a Law” contest. “Larger floral retailers often misrepresent their geographical location in their advertising to appeal to consumers who want to buy locally,” said a news release from Wieckowski’s office. “This bill makes sure that consumers will have access to the real geographic locations of floral shops and they won’t be fooled by a local phone number or local name,” Wieckowski said. Under the bill, floral vendors would be required to disclose their true physical address, including city and state, in advertisements. Companies found misrepresenting their location would be fined $250. The bill still must pass the state Senate before its session ends Aug. 31. That’s feasible, said Jeff Barbosa, Wieckowski’s press aide, based on support for similar legislation in the past. If AB 1581 doesn’t pass the Senate before the end of the session, supporters would have to start over with a new bill. In his testimony, Lorenz described other benefits to controlling deceptive advertising, noting, for example, that local florists have more motivation to properly handle consumers’ orders than out-of-town companies because their ongoing reputation in the community is at stake. Consumers informed about where and from whom they’re buying can “rest easier knowing that they are dealing with a reputable local retail florist,” he testified. In addition, municipalities need the tax revenue from local sales, Lorenz testified: "The bonus with AB 1581 is that it will preserve the sales tax dollars we collect here in our community that help to maintain essential services.” Twenty-eight states have enacted laws prohibiting deceptive advertising in print, and four states have enacted laws against deceptive Internet ads.More

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