Judges: DUSTIN McDANIEL, Attorney General
Filed Date: 8/1/2008
Status: Precedential
Modified Date: 7/5/2016
The Honorable Frank Glidewell State Representative 10409 Castleton Street Fort Smith, Arkansas 72908-93-92
Dear Representative Glidewell:
I am writing in response to your request for an opinion on the following facts and question:
I have a constituent who is considering becoming a major branded gasoline distributor. It is his understanding that some of the major branded gasoline distributors in this area are co-mingling unbranded gasoline with branded gasoline.
When consumers drive into a major branded gasoline station and purchase gas, they expect the gas they purchase to be the higher quality branded gasoline. In gasoline stations where the branded and unbranded gasoline has been co-mingled, consumers are actually receiving a lesser quality gasoline for the price of the higher quality gasoline.
Would you please let me know what state and federal laws are violated if a gas station owner co-mingles fuel?
As noted above, the most relevant state law pertaining to your question is A.C.A. §§
(a) There should be uniform requirements for engine fuels, petroleum products, and automotive lubricants among the several states.
(b) This subchapter provides for the establishment of quality specifications for these products.
Section
It is unlawful under the subchapter to: "Represent engine fuels, petroleum products, or automotive lubricants in any manner that may deceive or tend to deceive the purchaser as to the nature, brand, price, quantity, or quality of the products. . . ." A.C.A. §
The subchapter is administered by the Director of the State Plant Board. A.C.A. §
The State Plant Board may assess civil penalties, as set out in the Act (A.C.A. §
The above subchapter represents the most applicable state law I have found on the question. Other statutes may also be implicated, depending upon the facts. It is possible that the action you describe could violate the "Deceptive Trade Practices Act," codified at A.C.A. §§
Deceptive and unconscionable trade practices made unlawful and prohibited by this chapter include, but are not limited to, the following:
Knowingly making a false representation as to the characteristics, ingredients, uses, benefits, alterations, source, sponsorship, approval, or certification of goods or services or as to whether goods are original or new or of a particular standard, quality, grade, style or model. . . .
The question of whether this subchapter is violated will depend upon the applicable facts. A knowing and willful violation is also a Class "A" misdemeanor. A.C.A. §
Additionally, although it would not amount to a violation of state law, I will note that the "adulteration or misrepresentation of products" is grounds under Arkansas law for the termination of a dealer's franchise by a petroleum products supplier or distributor. A.C.A. §
You have also inquired about any possible violations of federal law. As my predecessors have generally noted, "the examination of federal law generally falls outside the scope of an opinion from this office." See, e.g., Op. Att'y Gen.
Deputy Attorney General Elana C. Wills prepared the foregoing opinion, which I hereby approve.
Sincerely,
DUSTIN McDANIEL, Attorney General *Page 1