The term false advertising means advertising, including labeling, which is misleading in any material respect; and in determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity to which the advertising relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.
History: 1953 Comp., § 49-12-2, enacted by Laws 1965, ch. 79, § 2; 1967, ch. 270, § 1.
ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of laws or regulations requiring merchants to affix sale price to each item of consumer goods, 7 A.L.R.4th 792.
Actionable nature of advertising impugning quality or worth of merchandise or products, 42 A.L.R.4th 318.
What goods or property are "used," "secondhand," or the like, for purposes of state consumer laws prohibiting claims that such items are new, 59 A.L.R.4th 1192.