Businesses that sell gasoline in California have to follow very strict rules when advertising their products. Businesses that fail to follow these regulations may face criminal charges under California Business and Professions Code Section 13532(a): False Advertising Regarding Gasoline.
You can strengthen your understanding of California’s rules on advertising gasoline right here with the Simmrin Law Group. Make sure you grasp the penalties for a BPC 13532(a) conviction. You can also go over some of the possible legal defenses for BPC 13532(a) charges.
California’s Definition for False Advertising Regarding Gasoline
The state of California defines false advertising regarding gasoline under BPC 13532(a). This legal code actually lists out all of the components an advertisement for gasoline must contain in order to be legally acceptable. Businesses are only allowed to advertise gasoline if the advertisement includes:
The Price for the Fuel
The price must be for liters or gallons of gas. It must include all taxes. The price must be printed in uniform color. All numbers in the price must be at least six inches tall.
The Grade of the Fuel
Businesses must convey exactly what grade of fuel they are selling. The information must be at least one inch tall, or one-sixth as tall as the price. Generally, the upper limit for the size of the grade will be four inches.
The Brand (or Trademark) of the Fuel
The brand or trademark for the fuel must be clearly displayed. It must be at least two inches tall, or one-third as tall as the price.
The Name of the Fuel
Businesses may print “gasoline” or another name for the fuel they are selling on all advertisements. This designation must be at least two inches tall, or one-third as tall as the price.
Special Information for Liters
Note that, if businesses are selling fuel by the liter, they must print “liter” on all advertisements. The word “liter” must be at least two inches tall, or one-third as tall as the price.
Charges Similar to BPC 13532(a) in California
Generally, the court system in California harshly prosecutes any business that utilizes false advertising or deceitful pricing policies. Depending upon the exact circumstances surrounding an accusation, individuals and business could be charged under:
- California Business & Professions Code Section 12024: Selling Short Quantity
- California Business & Professions Code Section 12024.1: Misrepresentation of Charge for Service
- California Business & Professions Code Section 12024.2: Inaccurate Pricing
- California Business & Professions Code Section 13413: False Statement Regarding Gasoline
- California Business & Professions Code Section 17500: Making False Or Misleading Statements In Advertising
These charges bear a lot of similarities to the charges used to prosecute petty theft and grand theft in California. Many of these accusations can lead to incarceration and high fines. Let’s go over the specific results of a BPC 13532(a) conviction now.
The Penalties for a BPC 13532(a) Conviction
False advertising regarding gasoline is considered a misdemeanor in the state of California. The court system can penalize this action with:
- Fines
- Jail Time
Generally, the upper limit for jail time in a false advertising case regarding gasoline case is six months. Some individuals may be offered probation instead of jail time.
Defenses for BPC 13532(a) Accusations in California
You can get help building a defense for false advertising regarding gasoline charges by contacting a professional criminal defense lawyer in Los Angeles. You can focus on building a defense for the court system in California right now. Your lawyer may show that:
You Correctly Advertised Your Gasoline
Gasoline prices can change quickly. Sometimes, customers purchase gasoline at one price and then drive by later and see a different price listed. However, you should not be convicted under BPC 13532(a) if you had the prices listed correctly and at the right size at the time they purchased the fuel.
You Included All Relevant Information in Your Advertisement
Some customers become angry if they did not see the information they were looking for in your gasoline advertisements. However, that doesn’t mean the information wasn’t there. If they accidentally looked over the information without seeing it, you may not be prosecuted under BPC 13532(a).
Speak with a Lawyer About BPC 13532(a) Charges
Get ready to handle California Business and Professions Code Section 13532(a): False Advertising Regarding Gasoline charges today. You can start working on a defense with the Simmrin Law Group. You can begin building a case with a FREE case evaluation from our criminal defense lawyers in Los Angeles.
Find out more about your legal options by filling out our online contact form or calling (310) 896-2723.