Business & Professions Code 13532(a) BPC

BPC 13532(a)- False Advertising Regarding Gasoline

BPC 13532(a) - False Advertising Regarding Gasoline

False Advertising Regarding Gasoline – Table of Contents

BPC 13532(a) – Overview

It is unlawful for any person to illustrate or display any form of advertising that states the price of automotive fuel unless that advertisement states:(1) the numeral price of fuel per gallon including the taxes that apply in uniform size and color on the advertisement so long as the numerals are less than 6 inches in height; (2) the numeral price of fuel per liter including the taxes that apply in uniform size and color on the advertisement so long as the numerals are less than 6 inches in height; (3) the confirming standards of electricity as a charge provided to electric vehicles on the advertisement with the words “gasoline”, and or the name of the category of automotive fuel that is less than 1/3rd of the size of the price numerals; (3) the trademark or brand of the automotive gas that is less than 1/3rd of the size of the price numerals, but less than 4’ inches in height; (4) the grade of automotive fuel in letters or numerals that are less than 1/6th the size of the price numerals, but less than 4’ inches in height; (4) the necessary, if required the unit measurement when not in gallons but less than 1/3rd of the height of the numeral price.

Including the notion that it is unlawful to advertise a discount or price reduction of automotive fuel unless that advertisement states: (1) the total price per gallon litter, or other unit is according to standards already specified; (2) a discount or price reduction does that not exceed the height of the numeral price; (3) a conditions of the discount or price reduction in words that are less than 1/3rd of the price numerals; (4) a description of the discount or price reduction to be advertised in increments of 1/10th decimals when calculated, and clearly states “Includes Cash Discounts” in letters that are less than 1’ inch in height; (5) any discount or price reduction quote that is in the same numerical units of the actual automotive fuel price.

Including the notion that it is unlawful to advertise any of price, unit measure, brand, discount, price reduction, or consideration pertaining the sale of automotive fuel in multiple locations unless that advertisement states: in the circumstances that the same fuel is sold in multiple locations the standards of advertisement must be uniform in height, sequence, measurement and units for all prices, discounts, price reductions, and taxes, with any explanation of uniformity being 1/3rd the height of the price numerals.

How does Business and Professions Code 12107 BPC, Business and Professions Code 13404 BPC, and Business and Professions Code 13404.5 BPC apply to Business and Professions Code 13532(a) BPC?

The Secretary of State will utilize the National Institute of Standards and Technology Handbook 44 and 130 when establishing the techniques for weighing and measuring automotive fuel in commerce, particularly the decimal place requisites for automotive fuels in any form. The Secretary of State requires that all advertisements utilize guidelines set in the National Institute of Standards and Technology Handbook 44, and Handbook 130.

What is the mental state required for a violation of Business and Professions Code 13532(a) 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 to Business and Professions Code 13532(a) BPC, the State must prove, beyond a reasonable doubt that, the accused is a licensed merchant or qualifier under guidelines of the Secretary of State to sell automotive fuels, lubricants, and natural gas at a commercial, private or personal retail; and was consciously aware as a merchant of the NIST standards applicable to all price numerals, discount and price reductions, including the standards which applied to all price numerical, unit measurements, and wordings associated with any advertising to the general public; but consciously desired to not adhere to the guidelines as specified either to induce a sale for profit; and reasonably understood the circumstances that would result.

BPC 13532(a) – Sentencing

The penalties for a violation of Business and Professions Code 13532(a) BPC is charged as a misdemeanor. The penalty includes confinement not exceeding 1 year in jail, and fines not exceeding $1,000 dollars per violation.

What are examples of violation of Business and Professions Code 13532(a) BPC?

1.FUNCO Mobile was a local gas store chain that purchased fuel from ONXY Transport. The automotive fuel it purchased was Unleaded 1987 and Premium 1991. All billboards, in rural areas, were planted on the gas station store property. Each billboard stated: “Come and get Unleaded 1987 fuel at 5 per heavy gallon; and Premium 1991 light crude for cars at $7 dollars”. The letters and the numbers were all the same size. A DOT state representative stopped to get gas at one of the gas stations and noticed the advertisement. The DOT representative asked for the manager. The manager was asked by the DOT representative about adhering to NIST Handbook 44 and NIST Handbook 130. The manager stated, “What on earth is that.” The DOT representative called the nearby Sherrif’s office and the Attorneys Generals Office. After an investigation it was determined that the advertisement was not approved by Corporate. FUNCO and ONXY were fined $1000 dollars per day using the multiple of the number of cars it services per day the non-confirming advertisements existed.

BPC 13532(a) – Defenses

1.The commodity sold as fuel was not for automotive use.
2.The establishment despite the advertisement was not open for business but was abandoned.

False Advertising Regarding Gasoline – Hire Us

If you are charged with a violation of Business and Professions Code 13532(a) 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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