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This entry was published on 2014-09-22
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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.