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Senate amends Truth-in-Advertising law to curb 'family-friendly' advertising that masks sales to minors; video-game debate centers on enforcement and commerce
Summary
The Senate passed an amendment to the Truth-in-Advertising Act that lets parents or the state seek remedies when retailers advertise as "family friendly" and then sell age-restricted material to minors; proponents say it protects parents, opponents warn of constitutional and commercial-speech problems and unintended economic effects.
The Utah Senate on March 12 amended and approved House Bill 353 to expand the state's Truth-in-Advertising statute so that retailers who advertise they are "family friendly" but then sell age-restricted products can be subject to civil remedies. Senator Dayton, the bill sponsor, framed the measure as protecting parental expectations and encouraging voluntary compliance: "If you voluntarily assert that you are a family friendly store and do not sell to minors, that you don't," he said, arguing the bill addresses businesses that seek goodwill but demonstrate inconsistent practice.
Floor debate focused on enforcement mechanisms, remedies and whether the Truth-in-Advertising framework is the right statutory tool. Opponents, including Senator McCoy, warned the statute's corrective-ad remedy and the 10-day cure process in the existing law make the proposal a poor fit for nationwide advertisers and could produce odd consequences: "The only way they can avoid liability is if they then run another national advertisement saying, 'oh, we actually do sell to minors because we accidentally sold one in Utah,'" McCoy said, warning the remedy is awkward and commercially disruptive.
The Senate adopted an amendment designed to give retailers a clear safe harbor when customers present identification. Senator Dayton described the amendment as a protection for retailers: adding the words "by presenting false age identification" at a key line clarifies that a retailer who requests ID and relies on a presented ID is shielded from liability. Proponents said enforcement would primarily come via citizen complaints and corrective-notice procedures rather than routine law-enforcement spot checks.
Opponents also raised constitutional concerns about commercial speech and interstate advertising; Dayton said the Attorney General's office and legislative research had reviewed the language and did not identify a fatal constitutional flaw. Senator Romero and others urged additional safeguards (an amendment that authors proposed earlier in the process but did not press on the floor) to ensure national advertisers were not inadvertently exposed.
After extended debate and the adoption of the ID-related amendment, the Senate passed HB353 (25 yea, 4 nay). The bill was amended on the floor; the House will receive the amended language for further action or acceptance.
Key quotes from the floor: Senator Dayton (sponsor): "When they signed that commitment to parents, they agreed to have mystery shopper audits." Senator McCoy (opponent): "This is not the way to stop violent video games from being produced and sold."
Next steps: the amended bill will be returned to the House; enforcement mechanisms (ten-day cure, corrective ad requirement) and any AG guidance may determine how retailers alter practices or advertising.
