SB 1212: Virginia Consumer Protection Act; prohibited practices, mandatory fees or surcharges disclosure. - Virginia

Governor Substitute Not Adopted → Chaptered · 5 edits

MODERATE

This bill transitions a Senate substitute version of SB 1212 into final chaptered law. The primary substantive change is the addition of new prohibited practices related to consumer protection, including restrictions on selling synthetic THC products, kratom, and defective drywall, as well as requirements for food delivery platforms to disclose fees. The effective date was changed from 'until July 1, 2025' to 'July 1, 2025', and the bill was approved by the Governor on May 2, 2025.

Scope change

The bill's scope expanded to include new prohibited practices covering synthetic THC products, kratom, ignition interlock advertising, mold remediation certification, and food delivery platform fee disclosures. The chapter on mandatory fees or surcharges was added as new Chapter 58.

TIMELINE

The effective date for § 59.1-200 was changed from 'Effective until July 1, 2025' to 'Effective July 1, 2025', indicating the law will remain in effect beyond that date.

REQUIREMENT

New prohibited practices were added including selling synthetic THC derivatives, selling THC products to persons under 21, improper labeling of THC products, selling industrial hemp extracts in certain shapes, improper topical hemp product labeling, selling kratom to minors or without proper labeling, improper ignition interlock advertising, failing to disclose total costs including mandatory fees, and selling mold remediation services without certification.

New Chapter 58 was added requiring food delivery platforms to obtain restaurant agreements, disclose fees clearly and conspicuously, and display itemized subtotals before checkout.

DEFINITION

New definitions were added for 'Food delivery platform', 'Restaurant', 'Mandatory fees or surcharges', 'Price-variable supplier', and other terms related to the new mandatory fees chapter.

ENFORCEMENT

Violations of the new mandatory fees chapter are now classified as prohibited practices under the Virginia Consumer Protection Act, subject to its enforcement provisions.

Labor and Commerce Substitute → Governor Substitute Not Adopted · 5 edits

MODERATE

The bill was amended from a House Substitute version to a Governor Substitute version, primarily changing the document header information to reflect Governor approval instead of House approval. The substantive legislative text regarding prohibited practices and mandatory fee disclosures appears identical in both versions, with no changes to the actual law or policy requirements.

TECHNICAL

Header information changed from 'HOUSE SUBSTITUTE' dated February 6, 2025 to 'SENATE SUBSTITUTE' dated March 24, 2025, reflecting the bill's progression through the legislative process.

Bill number changed from 25106447D to 25108346D to reflect the new amendment version.

Patron designation changed from 'Senator Pekarsky' as the prior patron to 'Governor' as the proposer of this substitute version.

Additional blank lines and spacing were added throughout the document, likely for formatting purposes.

The line indicating 'Labor and Commerce Substitute' was removed as the bill was no longer in the House committee's jurisdiction.

General Laws and Technology Substitute → Labor and Commerce Substitute · 9 edits

MAJOR

The bill was amended to shift from a General Laws and Technology committee version to a Labor and Commerce committee version, adding new prohibited practices related to mandatory fees disclosure, food delivery platforms, and various consumer protection updates including THC product regulations and mold remediation certification requirements.

Scope change

The bill's scope expanded to include new mandatory fee disclosure requirements for suppliers and added specific prohibitions on food delivery platforms, THC product labeling, and mold remediation services.

REQUIREMENT

Added new requirements for food delivery platforms to disclose additional fees and percentages at the point of vendor selection and before checkout.

Added new prohibited practice requiring suppliers to disclose total cost including mandatory fees or charges before entering into an agreement for goods or continuous services.

Added prohibition against selling or offering for sale services as a professional mold remediator without holding IICRC certification.

Added new prohibitions related to THC products including synthetic derivatives, labeling requirements, and restrictions on products depicting humans, animals, vehicles, or fruit.

Added new prohibited practice regarding ignition interlock system advertising requiring vendor approval and conspicuous government affiliation statements.

Added new prohibited practice for kratom products requiring age restrictions and specific health warning labels.

TIMELINE

Changed bill header from Senate Substitute to House Substitute with updated committee attribution and date.

DEFINITION

Added new definitions for food delivery platform, restaurant, and mandatory fees or surcharges in the new Chapter 58.

ENFORCEMENT

Added new Chapter 58 establishing mandatory fees or surcharges disclosure requirements with enforcement provisions.

Enrolled → General Laws and Technology Substitute · 6 edits

MODERATE

This bill amends Virginia's consumer protection laws to update prohibited fraudulent practices and add new requirements for mandatory fee disclosures. The changes include updating the effective date of certain provisions, adding new prohibited practices related to synthetic THC products, kratom, and mold remediation services, and establishing new rules for food delivery platforms to disclose fees clearly to consumers.

Scope change

The bill expands the scope of prohibited practices to include specific new categories of consumer protection violations and adds new chapters covering mandatory fee disclosures for various service providers.

TIMELINE

Updated the effective date for § 59.1-200 from 'Effective until July 1, 2025' to 'Effective July 1, 2025', changing when new provisions become enforceable.

REQUIREMENT

Added new prohibited practices (sections 69-74) covering synthetic THC products, age restrictions on THC products, labeling requirements for THC products, and restrictions on industrial hemp extract and topical hemp products.

Added new prohibited practices (sections 81-82) requiring mold remediation certification and prohibiting willful violations of specific consumer protection sections.

Added new Chapter 58 requiring food delivery platforms to obtain restaurant agreements and disclose additional fees or percentages clearly to consumers before checkout.

Added new Chapter 58 requiring suppliers to clearly and conspicuously display total prices including all mandatory fees or surcharges in consumer transactions.

DEFINITION

Added new definitions for 'mandatory fees or surcharges,' 'price-variable supplier,' and 'food delivery platform' to clarify what fees must be disclosed to consumers.

Introduced → Enrolled · 6 edits · May 2, 2025

MODERATE

This bill amended Virginia's consumer protection laws to add new prohibited practices and establish mandatory fee disclosure requirements. Key changes include adding 15 new prohibited practices (such as selling synthetic THC products without proper labeling, failing to disclose mandatory fees, and selling recalled children's products), creating a new chapter on mandatory fees or surcharges disclosure for suppliers, and updating effective dates for certain provisions.

Scope change

The bill expanded the scope of prohibited practices under the Virginia Consumer Protection Act to include specific new violations related to cannabis products, children's safety, and fee transparency, while also adding new definitions and requirements for food delivery platforms and other suppliers.

REQUIREMENT

Added 15 new prohibited practices including restrictions on selling synthetic THC products, improper labeling of cannabis products, selling recalled children's products, and failing to disclose mandatory fees or surcharges to consumers before entering agreements.

Added specific requirements for food delivery platforms to obtain restaurant authorization agreements and disclose additional fees or percentages at the point of purchase.

Established new disclosure requirements for restaurants and hotels to clearly show the percentage of automatic and mandatory gratuities charged in advertisements or offers.

DEFINITION

Created new Chapter 58 with definitions for 'mandatory fees or surcharges,' 'price-variable supplier,' and 'food delivery platform' to establish clear disclosure requirements.

TIMELINE

Changed the effective date for the prohibited practices section from 'Effective until July 1, 2025' to 'Effective July 1, 2025,' indicating the new provisions will take effect on that date.

ENFORCEMENT

Added enforcement provisions stating that violations of the new mandatory fees chapter constitute prohibited practices under the Virginia Consumer Protection Act with associated penalties.

Virginia Consumer Protection Act; prohibited practices, mandatory fees or surcharges disclosure.

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