Determination whether advertisement misleading

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    To determine if an advertisement is misleading, the following, in addition to any other appropriate considerations, shall be considered:

        (1)    Any representation made by statement, word, design, device, or sound, whether alone or together; and

        (2)    The extent to which the advertisement fails to reveal a fact which, in light of any representation made, is material with respect to the advertised commodity or service under conditions which are:

            (i)    Customary or usual; or

            (ii)    Described in the advertisement.


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