Legislation
SECTION 350-A
False advertising
General Business (GBS) CHAPTER 20, ARTICLE 22-A
* § 350-a. False advertising. 1. The term "false advertising" means
advertising, including labeling, of a commodity, or of the kind,
character, terms or conditions of any employment opportunity if such
advertising is misleading in a material respect. 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 or employment to which the
advertising relates under the conditions prescribed in said
advertisement, or under such conditions as are customary or usual. For
purposes of this article, with respect to the advertising of an
employment opportunity, it shall be deemed "misleading in a material
respect" to either fail to reveal whether the employment available or
being offered requires or is conditioned upon the purchasing or leasing
of supplies, material, equipment or other property or whether such
employment is on a commission rather than a fixed salary basis and, if
so, whether the salaries advertised are only obtainable if sufficient
commissions are earned.
2. An employer shall not be liable under this section as a result of a
failure to disclose all material facts relating to terms and conditions
of employment if the aggrieved person has not suffered actual pecuniary
damage as a result of the misleading advertising of an employment
opportunity or if the employer has, prior to the aggrieved person
suffering any pecuniary damage, disclosed in writing to that person a
full and accurate description of the kind, character, terms and
conditions of the employment opportunity.
3. It shall constitute false advertising to display or announce, in
print or broadcast advertising, the price of an item after deduction of
a rebate unless the actual selling price is displayed or announced, and
clear and conspicuous notice is given in the advertisement that a
mail-in rebate is required to achieve the lower net price.
* NB Effective until January 20, 2026
* § 350-a. False advertising. 1. The term "false advertising" means
advertising, including labeling, of a commodity, or of the kind,
character, terms or conditions of any employment opportunity if such
advertising is misleading in a material respect. 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 or employment to which the
advertising relates under the conditions prescribed in said
advertisement, or under such conditions as are customary or usual. For
purposes of this article, with respect to the advertising of an
employment opportunity, it shall be deemed "misleading in a material
respect" to either fail to reveal whether the employment available or
being offered requires or is conditioned upon the purchasing or leasing
of supplies, material, equipment or other property or whether such
employment is on a commission rather than a fixed salary basis and, if
so, whether the salaries advertised are only obtainable if sufficient
commissions are earned.
2. Any written or electronic communication which simulates a document
authorized, issued or approved by any court, official, agency of this
state or a political subdivision thereof, or of another state or
official governmental entity, foreign or domestic, or which creates a
false impression as to such document's source, authorization or
approval, shall be considered false advertising unless the person, firm,
corporation or association, or agent or employee thereof, has received
express permission from such court, official, or agency for the use of
such document. This subdivision shall be construed to prohibit any false
representation or implication, written or verbal, that a person, firm,
corporation or association, or agent or employee thereof, selling a
commodity or service is vouched for, approved of, bonded by, operating
with or on behalf of, or otherwise affiliated with this state or a
political subdivision thereof, or of another state or official
governmental entity, foreign or domestic, unless such person, firm,
corporation or association, or agent or employee thereof, has received
express permission from such state or political subdivision for such
affiliation.
3. An employer shall not be liable under this section as a result of a
failure to disclose all material facts relating to terms and conditions
of employment if the aggrieved person has not suffered actual pecuniary
damage as a result of the misleading advertising of an employment
opportunity or if the employer has, prior to the aggrieved person
suffering any pecuniary damage, disclosed in writing to that person a
full and accurate description of the kind, character, terms and
conditions of the employment opportunity.
4. It shall constitute false advertising to display or announce, in
print or broadcast advertising, the price of an item after deduction of
a rebate unless the actual selling price is displayed or announced, and
clear and conspicuous notice is given in the advertisement that a
mail-in rebate is required to achieve the lower net price.
* NB Effective January 20, 2026
advertising, including labeling, of a commodity, or of the kind,
character, terms or conditions of any employment opportunity if such
advertising is misleading in a material respect. 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 or employment to which the
advertising relates under the conditions prescribed in said
advertisement, or under such conditions as are customary or usual. For
purposes of this article, with respect to the advertising of an
employment opportunity, it shall be deemed "misleading in a material
respect" to either fail to reveal whether the employment available or
being offered requires or is conditioned upon the purchasing or leasing
of supplies, material, equipment or other property or whether such
employment is on a commission rather than a fixed salary basis and, if
so, whether the salaries advertised are only obtainable if sufficient
commissions are earned.
2. An employer shall not be liable under this section as a result of a
failure to disclose all material facts relating to terms and conditions
of employment if the aggrieved person has not suffered actual pecuniary
damage as a result of the misleading advertising of an employment
opportunity or if the employer has, prior to the aggrieved person
suffering any pecuniary damage, disclosed in writing to that person a
full and accurate description of the kind, character, terms and
conditions of the employment opportunity.
3. It shall constitute false advertising to display or announce, in
print or broadcast advertising, the price of an item after deduction of
a rebate unless the actual selling price is displayed or announced, and
clear and conspicuous notice is given in the advertisement that a
mail-in rebate is required to achieve the lower net price.
* NB Effective until January 20, 2026
* § 350-a. False advertising. 1. The term "false advertising" means
advertising, including labeling, of a commodity, or of the kind,
character, terms or conditions of any employment opportunity if such
advertising is misleading in a material respect. 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 or employment to which the
advertising relates under the conditions prescribed in said
advertisement, or under such conditions as are customary or usual. For
purposes of this article, with respect to the advertising of an
employment opportunity, it shall be deemed "misleading in a material
respect" to either fail to reveal whether the employment available or
being offered requires or is conditioned upon the purchasing or leasing
of supplies, material, equipment or other property or whether such
employment is on a commission rather than a fixed salary basis and, if
so, whether the salaries advertised are only obtainable if sufficient
commissions are earned.
2. Any written or electronic communication which simulates a document
authorized, issued or approved by any court, official, agency of this
state or a political subdivision thereof, or of another state or
official governmental entity, foreign or domestic, or which creates a
false impression as to such document's source, authorization or
approval, shall be considered false advertising unless the person, firm,
corporation or association, or agent or employee thereof, has received
express permission from such court, official, or agency for the use of
such document. This subdivision shall be construed to prohibit any false
representation or implication, written or verbal, that a person, firm,
corporation or association, or agent or employee thereof, selling a
commodity or service is vouched for, approved of, bonded by, operating
with or on behalf of, or otherwise affiliated with this state or a
political subdivision thereof, or of another state or official
governmental entity, foreign or domestic, unless such person, firm,
corporation or association, or agent or employee thereof, has received
express permission from such state or political subdivision for such
affiliation.
3. An employer shall not be liable under this section as a result of a
failure to disclose all material facts relating to terms and conditions
of employment if the aggrieved person has not suffered actual pecuniary
damage as a result of the misleading advertising of an employment
opportunity or if the employer has, prior to the aggrieved person
suffering any pecuniary damage, disclosed in writing to that person a
full and accurate description of the kind, character, terms and
conditions of the employment opportunity.
4. It shall constitute false advertising to display or announce, in
print or broadcast advertising, the price of an item after deduction of
a rebate unless the actual selling price is displayed or announced, and
clear and conspicuous notice is given in the advertisement that a
mail-in rebate is required to achieve the lower net price.
* NB Effective January 20, 2026