An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions and for unlawful acts or practices and exclusions.

PRINTER'S NO. 2411
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1927
Session of
2025
INTRODUCED BY McNEILL, HILL-EVANS AND WAXMAN, OCTOBER 7, 2025
REFERRED TO COMMITTEE ON COMMERCE, OCTOBER 7, 2025
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions and for
unlawful acts or practices and exclusions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(4)(xxi) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, is renumbered and the clause is amended
by adding a subclause to read:
Section 2. Definitions.--As used in this act.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
* * *
(xxi) U sing a restaurant menu, including a printed menu, a
posted menu, a display board menu, a drive-thru menu, a digital
or electro nic menu, a QR code accessed menu or a menu shown on
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an Internet website or application, to advertise, offer or sell
a food or beverage item without clearly and conspicuously
disclosing the item's price prior to selection. As used in this
subclause, the term "restaurant" means a business that prepares
and offers for sale food or beverages for consumption on or off
the premises, including a bar, café, coffee shop, delicatessen,
fast food establishment, food hall counter or similar facility
or a food truck operating from a fixed location for sales to the
public, but excluding a grocery, convenience or specialty-food
retailer that does not prepare food to order.
[(xxi)] (xxii) Engaging in any other fraudulent or deceptive
conduct which creates a likelihood of confusion or of
misunderstanding.
* * *
Section 2. Section 3(a) of the act is amended to read:
Section 3. Unlawful Acts or Practices; Exclusions.--(a)
Unfair methods of competition and unfair or deceptive acts or
practices in the conduct of any trade or commerce as defined by
subclauses (i) through [(xxi)] (xxii) of clause (4) of section 2
of this act and regulations promulgated under section 3.1 of
this act are hereby declared unlawful. The provisions of this
act shall not apply to any owner, agent or employe of any radio
or television station, or to any owner, publisher, printer,
agent or employe of an Internet service provider or a newspaper
or other publication, periodical or circular, who, in good faith
and without knowledge of the falsity or deceptive character
thereof, publishes, causes to be published or takes part in the
publication of such advertisement.
* * *
Section 3. This act shall take effect in 60 days.
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