Misleading Advertisements; Certain Practices Declared Misleading

  1. Law
  2. Georgia Code
  3. Food, Drugs, and Cosmetics
  4. Standards, Labeling, and Adulteration of Food
  5. Adulteration and Misbranding of Food
  6. Misleading Advertisements; Certain Practices Declared Misleading

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  1. An advertisement of a food shall be deemed to be false if it is misleading in any particular.
  2. By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices employed in the advertisement of a food are declared to be misleading:
    1. Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of food;
    2. Using deceptive representations or designations of geographic origin in connection with food;
    3. Representing that food has sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that it does not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
    4. Representing that food is of a particular standard, quality, or grade if it is not; or
    5. Making false or misleading statements concerning the food of another.

(Ga. L. 1956, p. 195, § 14; Ga. L. 1989, p. 260, § 1.)

Cross references.

- False advertising generally, § 10-1-420 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 32 Am. Jur. 2d, False Pretenses, § 85. 37 Am. Jur. 2d, Fraud and Deceit, § 83.

C.J.S.

- 36A C.J.S., Food, § 41, 47, 48. 37 C.J.S., Fraud, § 23 et seq.

ALR.

- Validity and construction of regulations dealing with misrepresentation in the sale of Kosher food, 52 A.L.R.3d 959.


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