HB 1121

Bill Subjects

Abstract

Provides, with certain exceptions, that suppliers in transactions with retailers for the sale of nonalcoholic packaged beverages (beverages) may not: (1) charge retailers different prices at the same time for beverages; and (2) offer a discount price to a retailer that has not been published on a monthly deal sheet distributed to all retailers. Provides that a supplier may charge a retailer a different price not published on the monthly deal sheet if: (1) the discount is a volume based discount of not more than one semitrailer load delivered to a single location of the retailer per stock keeping unit of the beverage; (2) the supplier charges a retailer a higher price for the beverages based only on a greater cost to the supplier to deliver the beverages to the retailer; or (3) the supplier charges a different price for the beverages in response to changing conditions affecting the market for or marketability of the beverage. Provides that a supplier who fails to comply commits an unconscionable act that is treated the same as a deceptive act under the deceptive consumer sales law. Provides that the consumer protection division of the office of the attorney general (division) may prosecute complaints of retailers against suppliers. Provides that certain deceptive consumer sales provisions do not apply to the unconscionable act. Provides that if the division files an action to enjoin the unconscionable act, the division may be awarded a civil penalty equal to two times the amount of the difference between the higher price at which the beverages were sold to a retailer and the lower price at which the beverages were sold to another retailer. Provides that a retailer may receive an award equal to two times the difference between the higher price at which the beverages were sold to the retailer and the lower price at which the beverages were sold to another retailer, plus attorney's fees. Makes technical corrections.