Texas 2023 - 88th Regular

Texas House Bill HB5272

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the prohibited resale of infant formula purchased at retail; providing a civil penalty.

Impact

If enacted, HB 5272 will have a direct impact on state laws relating to health and safety, specifically addressing the sale of infant formula. The bill empowers the Texas Attorney General and local attorneys to enforce penalties for resellers who violate the prohibition. The civil penalties, which can reach $10,000 for successive violations, emphasize the seriousness of the offense and aim to deter individuals from engaging in practices that could harm families relying on affordable infant formula. This action not only creates a regulatory framework for reselling infant formula but also underscores the state's commitment to consumer protection in a sensitive market.

Summary

House Bill 5272 aims to prohibit the resale of infant formula purchased at retail for profit, introducing civil penalties for violators. By defining infant formula under the Texas Health and Safety Code, this bill seeks to protect consumers and ensure that families in need have access to affordable infant formula. With the rising concerns regarding shortages and the accessibility of essential baby products, the bill was introduced as a necessary measure to prevent the exploitation of vulnerable consumers and discourage the practice of bulk buying infant formula for resale at inflated prices.

Sentiment

The sentiment surrounding HB 5272 has been largely positive, reflecting a consensus on the importance of protecting consumers, especially new parents struggling to afford necessary supplies. Advocates emphasize the bill's role in preventing price gouging and ensuring equitable access to infant formula, a vital product for child health. However, some panels and discussions may highlight the need for further considerations on enforcement and the potential implications on legitimate secondary markets, where consumers exchange or sell unused items.

Contention

While there is strong support for the bill, some concerns have emerged regarding its implications on consumer behavior. Critics argue that the law could inadvertently target responsible individuals who may wish to sell excess or unused products rather than primarily targeting profiteers. This discussion raises questions about the balance between consumer protection and the rights of families to manage their purchases flexibly. Nonetheless, the introductory purpose of the bill remains clear: to safeguard families from the exploitation associated with the resale of essential goods during times of crisis.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 431. Texas Food, Drug, And Cosmetic Act
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB1097

Relating to the processing and sale of kratom and kratom products; providing civil penalties; creating a criminal offense.

TX SB497

Relating to the processing and sale of kratom and kratom products; providing civil penalties; creating a criminal offense.

TX HB861

Relating to the processing and sale of kratom and kratom products; providing civil penalties; creating a criminal offense.

TX SB821

Relating to the processing and sale of kratom and kratom products and related public health and safety protections; providing civil penalties; providing rulemaking authority.

TX SF4148

Ticket sales disclosures requirement, certain ticket resales and fees prohibited, and civil penalties created provisions

TX HB3041

Relating to the sale of event tickets; providing penalties.

TX HB3458

Relating to the source of dogs and cats sold by pet stores; providing a civil penalty.

TX SB1065

Relating to civil racketeering; providing civil penalties.

TX HB1474

Relating to the prohibited retail sale and provision to minors of certain over-the-counter weight loss drugs and dietary supplements; providing a civil penalty.

TX SB566

Relating to the prohibited retail sale and provision to minors of certain over-the-counter weight loss drugs and dietary supplements; providing a civil penalty.

Similar Bills

No similar bills found.