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HB 599

Designate Charlie Kirk Memorial Day

136th Legislature (2025-2026) Introduced by Meredith Craig and 4 co-sponsors

Food delivery platforms must obtain written authorization to imply partnerships or use a restaurant’s branding, with civil remedies and treble damages for violations.

Referred to committee
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Bill Summary · HB 599

Summary — HB 599: Unfair and Deceptive Advertising by Food Delivery Platforms

Status: Reported Favorably (Reptd Fav)
Introduced: (filed) Nov. 12, 2024 (original NC draft dates in 2023 noted below)
Subject areas: Advertising & marketing, commerce, communications, food services, fraud, mobile/vehicle-based businesses, transportation

Main purpose

To prohibit food delivery platforms from falsely implying partnerships with restaurants/establishments or using an establishment’s branding without express written authorization, and to provide civil remedies for establishments harmed by such misrepresentations.

Key provisions

  • Definitions
    • “Food delivery platform”: online intermediary that accepts orders from consumers and arranges delivery from multiple establishments.
    • “Establishment” / “Restaurant”: as defined in existing food-safety law.
  • Authorization requirement
    • A platform must obtain express written authorization from an establishment (or its agent) before:
    • Advertising statements or images that imply the establishment has partnered with the platform;
    • Using the establishment’s likeness, trademark, or other intellectual property; or
    • Arranging for delivery of an order from the establishment.
    • An establishment may revoke such authorization by written notice to the platform.
  • Enforcement and remedies
    • An establishment whose authorization was required may sue in civil court to:
    • Seek injunctive relief to stop ongoing violations; and/or
    • Recover treble damages under G.S. 75‑16. The trebled award is calculated on the greater of (a) the establishment’s actual damages or (b) the platform’s profits from the violation.
    • A violation also constitutes a violation of the State’s unfair and deceptive trade practices statute (G.S. 75‑1.1).
  • Draft statutory placement
    • The bill creates a new section in Article 1 of Chapter 75 (proposed § 75‑44 in the NC draft).

Who is affected

  • Food delivery platforms (e.g., third‑party apps/websites) — must obtain and track written authorizations and may face civil liability and trebled damages for noncompliance.
  • Restaurants and other food establishments — gain clearer control over use of their brands and potential monetary remedies for misrepresentation.
  • Consumers — may benefit from clearer, more accurate advertising about whether a platform is officially partnered with a restaurant.

Potential impacts and considerations

  • Compliance costs for platforms (contracting systems, recordkeeping, changes to advertising practices).
  • Strong private‑civil enforcement (treble damages) can create significant exposure for repeat or large‑scale misuse of restaurant branding.
  • May reduce consumer confusion and protect restaurant goodwill, but could limit some common platform marketing tactics unless formal authorizations are secured.

Procedural / timeline notes

  • In the North Carolina draft versions, the bill specified an effective date of October 1 (2023 in that draft). The package of actions shown includes multiple committee referrals and readings across sessions; check the current legislature’s docket for the latest status and any enacted effective date.

Compiled from official sources — confirm details with the bill’s official record.

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