Advertisement or Sale of Beef, Pork, and Lamb; "Bait and Switch" Advertising

  1. Law
  2. Georgia Code
  3. Food, Drugs, and Cosmetics
  4. Standards, Labeling, and Adulteration of Food
  5. Advertisement and Sale of Meat Generally
  6. Advertisement or Sale of Beef, Pork, and Lamb; "Bait and Switch" Advertising

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  1. It shall be unlawful for any person, partnership, firm, company, or corporation to advertise, sell, or offer for sale any carcass cuts of beef, pork, or lamb without prominently disclosing the price per pound of such beef, pork, or lamb in all such advertisements or on the packaging or display case in which the meat is displayed or offered for sale. This Code section shall not apply to the sale of beef, pork, or lamb when sold for immediate consumption on the premises or where sold as an unpackaged, cooked food or where sold for purposes other than for human consumption.
  2. It shall be unlawful for any person, partnership, firm, company, or corporation to employ "bait and switch" advertising or sales techniques in connection with the sale of beef, pork, or lamb or to use any other advertising or sales technique which is calculated to deceive, or which in fact deceives, purchasers of beef, pork, or lamb as to what they are purchasing or its quality or quantity. "Bait and switch" as used in this subsection shall mean, but shall not be limited to, the advertising of products with the intent not to sell the products as advertised; or advertising products with the intent not to supply reasonably expected public demand, unless the advertisement discloses a limitation of quantity; or advertising a product which by accepted standards is inferior, with the expectation of switching the consumer to a product of accepted standard at a higher price.
    1. As used in this subsection the term:
      1. "Animal" means any animal, including cattle, swine, sheep, goats, fish, and poultry, including eggs, raised for the production of an edible product or products intended for human consumption. The term also includes "game animals" as such term is defined in Code Section 27-1-2.
      2. "Food" means articles used or processed for human consumption and components of any such articles.
    2. It shall be unlawful for any person, partnership, firm, company, or corporation to label, advertise, or otherwise represent any food produced or sold in this state as meat or any product from an animal unless each product is clearly labeled by displaying the following terms prominently and conspicuously on the front of the package, labeling cell cultured products with "lab-grown," "lab-created," or "grown in a lab" and plant based products as "vegetarian," "veggie," "vegan," "plant based," or other similar term indicating that the product is plant based and does not include the flesh, offal, or other by-product of any part of the carcass of a live animal that has been slaughtered.

(Ga. L. 1974, p. 1030, § 2; Ga. L. 2020, p. 303, § 1/SB 211.)

The 2020 amendment, effective December 31, 2020, added subsection (c).

RESEARCH REFERENCES

Am. Jur. 2d.

- 37 Am. Jur. 2d, Fraud and Deceit, § 83.

C.J.S.

- 36A C.J.S., Food, §§ 41, 46, 47. 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 179, 180.


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