16 C.F.R. § 306.4

Preemption

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The Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. 2801 et seq., as amended, is the law that directs the FTC to enact this rule. Section 204 of PMPA, 15 U.S.C. 2824, provides:

(a) To the extent that any provision of this title applies to any act or omission, no State or any political subdivision thereof may adopt or continue in effect, except as provided in subsection (b), any provision of law or regulation with respect to such act or omission, unless such provision of such law or regulation is the same as the applicable provision of this title.

(b) A State or political subdivision thereof may provide for any investigative or enforcement action, remedy, or penalty (including procedural actions necessary to carry out such investigative or enforcement actions, remedies, or penalties) with respect to any provision of law or regulation permitted by subsection (a).

[58 FR 41373, Aug. 3, 1993]

Notes of Decisions

Cited in 2 cases, 2011–2014 · leading case: Alvarez v. Chevron Corp., 656 F.3d 925 (9th Cir. 2011).

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Alvarez v. Chevron Corp., 656 F.3d 925 (9th Cir. 2011). · cites it 2× “See 16 C.F.R. § 306.4 (a). Among other remedies, Plaintiffs seek to compel Defendants to add a corrective disclosure at the point of sale alerting retail *935 gasoline customers to the residual fuel situation.”

Johnson v. MFA Petroleum Co., 10 F. Supp. 3d 982 (W.D. Mo. 2014). “16 C.F.R. § 306.4 . B. Three federal court decisions discuss the preemptive scope of the PMPA.”

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