Business & Professions Code 13413 BPC

BPC 13413 – False Statement Regarding Gasoline

BPC 13413 - False Statement Regarding Gasoline

False Statement Regarding Gasoline – Table of Contents

BPC 13413 – Overview

It is unlawful for any person or business entity to make a deceptive false or misleading statement regarding the quality, quantity, performance, price, discount, or savings to be acquired in the sale or selling of any commodity regulated.

Is Business and Professions Code 17500 BPC, referred to under Business and Professions Code 13413 BPC?

Yes. Under Business and Professions Code 13413 BPC, it is unlawful for any person or business entity, their agents, employees or associates, to intentionally disseminate to the public, to the state, by any means of communication (radio, television, advertising, internet, any technological platform) a subject matter regarding personal services or the purchase for goods where the subject matter pertaining to a benefit, quality, quantity, competitive advantage, savings, or enhancement in revenue is a misleading material fact that induces a person, the state or the public at large to rely on such statements for the purchase of the person service or purchase of goods for their detriment, for personal gain.

What is considered deceptive advertising under Business and Professions Code 13413 BPC?

The following is considered deceptive advertising under Business and Professions Code 13413: misrepresenting the brand, grade, quality, or price of automotive fuel or lubricants; misrepresenting the designations with the sale of automotive fuel or lubricants; selling fuels or lubricants in ways not advertised or branded; misrepresenting the contracted conditions of sales or price reductions concerning automotive fuel or lubricants; claiming any rebates, discounts, or benefits to be received from the purchase of the automotive fuels and lubricants and failing to present what was offered; presenting for sale inside a business multiple price points of an automotive fuel or lubricant but advertising the lowest price of each; claiming to sale automotive fuels or lubricants but not doing so; changing any designation, mark, or reference that is protected by the USPTO or under contract in order to induce sales of an automotive fuel or lubricant.

What is the definition of a commodity under Business and Professions Code 13413 BPC?

The California Commodity Law of 1990 provides the definition of the word commodity and its scope in business. Commodities can be traded on an organized exchange like the Chicago Board of Trade (CBOT) or the Chicago Mercantile Exchange (CME), or between private parties. A commodity is any agriculture product whether it be: any grain; any livestock; any metal; any mineral; any precious metals; any fuels; any gem or gemstone; or any foreign currency that can be rightful taxed by the State of California and the United States Government.

What is not a commodity as specified under Business and Professions Code 13413 BPC?

The following are not commodities: any coin that has a fair market value of at least 15 percent higher than the underlying asset it represents or is made from; or any artwork sold by public auctions, private dealers, or by private sale.

What is a commodity contract under Business and Professions Code 13413 BPC?

A Commodity contract is any account, agreement between one or more parties classified as persons under the laws of the State of California, which include business entities; for the purchase and or sale of one or more commodities by an offeror (seller) to an offeree (buyer); even if an intermediary (speculator, hedger, scalper, trader) is used. Contracts can be characterized as a cash contract on delivery; a deferred shipment and or deferred delivery with less emphasis on price (forward contract); or as a cash contract specified on a delivery of price and or deferred price shipment received or paid with less emphasis on quantity because the quantity is fixed (futures contract); or options contracts that give a party the right but not the obligation to purchase or sell a commodity or its contract. Upon time for delivery the commodity can be sent from a farm, mining ore, then transferred to a wholesaler who will deliver the goods to retailers such as a grocery store or jewelry store.

What are precious metals as defined under Business and Professions Code 13413 BPC?

Precious metals are Silver; Gold; Platinum; Palladium; Copper or others that are listed by the Commodities Future Trading Exchange Commission (CFTC).

What is the mental state required for a violation of Business and Professions Code 13413 BPC?

The mental states required for a violation of Business and Professions Code 12024 BPC is willfully and intentionally. Willful is the conscious desire to complete an act on purpose without the regard of knowledge to its ability to create substantial injury to others; and reasonably understanding the circumstances that might result. Intentional is the conscious desire to complete an act on purpose, without the need to understand its unlawful character; with the reasonable understanding of the circumstances that might result. As applied under Business and Professions Code 13413 BPC, the State must prove, beyond a reasonable doubt, that the accused is a commercial merchant in the trade specified with a commodity; and that the accused is consciously aware that it, they, he/she is a merchant of the trade dealing with a particular commodity; and with the conscious desire regarding that commodity(ies) to: elevate sales, purchases of units, or the enhancement of revenues, by creating and disseminating deceptive advertisements regarding that commodity to a person, the State, or general public; and the advertisement specifies: regarding the quality, quantity, performance, price, discount or savings to be acquired in the sale or selling of any commodity regulated; and a person, the State or general public relies on the deceptive advertisement to their detriment for personal gain; and the accused should reasonable know the circumstances that result.

BPC 13413 – Sentencing

A violation of Business and Professions Code 13413 BPC is charged as a misdemeanor. Penalties include confinement not exceeding 1 year in jail, with fines not exceeding $1000 dollars per advertisement or violation.

What are examples of violations of Business and Professions Code 13413 BPC?

1.Short Stack’s, a wholesale provider of automotive parts in Topanga Canyon’s Community is having a 4th of July Sale regarding 30W oil. One of its long-established trade partners RJ Automotive Fuels, a national brand, specified not be a part of the sale because their established market does not need the discounted price to induce purchase- because they are RJ; and their contract with Short Stacks specifies the same. Short Stacks listed in an advertisement that all automotive fuels on the 4th of July will be discounted 50% off retail. Several people came everywhere to purchase RJ fuels at a discount. And Short Stacks sold out of the inventory. The following month an RJ account manager, and inventory clerk, came to do their regular due diligence to account for sales, provide additional inventory, and balance any discrepancies. Once they discovered what Short Stacks did, they telephoned the Regional Sales Director, who called the police and the Attorney General’s Office. After an investigation, it was discovered that the manager not the CEO approved the listed advertisement. The manager was arrested.

BPC 13413 – Defenses

  • 1.The commodity listed was not an automotive fuel or lubricant.
  • 2.The victim implied or expressed a waiver of consent to the advertisement provided.
  • 3.The accused detrimentally relied on the attributes of trade partners in the advertisement presented.
  • 4.The victim had the last clear chance to change the advertisement as a trade partner but did not.
  • 5.Duress.

False Statement Regarding Gasoline – Hire Us

If you are charged with a violation of Business and Professions Code 13413 BPC, call The Esfandi Law Group, APLC. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.

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