Section 202-A. False advertising  


Latest version.
  • 1. An advertisement concerning a food or
      food product shall not be false or misleading in any particular.
        2. No publisher,  radio-broadcast  licensee,  advertising  agency,  or
      agency  or  medium for the dissemination of an advertisement, except the
      manufacturer, packer, distributor, or seller of the article to which the
      advertisement relates, shall be subject to  the  penalties  provided  by
      this  chapter by reason of his dissemination of any false advertisement,
      unless he has refused on the request of the commissioner to furnish  the
      name  and  address  of the manufacturer, packer, distributor, seller, or
      advertising agency in the United States, who caused him  to  disseminate
      such false advertisement.
        3. Whenever it appears to the satisfaction of the court in the case of
      a  newspaper,  magazine,  periodical, or other publication, published at
      regular intervals (a) that restraining  the  dissemination  of  a  false
      advertisement  in  any  particular issue of such publication would delay
      the delivery of such issue after the regular time therefor, and (b) that
      such delay would be due to the methods  by  which  the  manufacture  and
      distribution  of  such  publication  is  customarily  conducted  by  the
      publisher in accordance with sound business practice,  and  not  to  any
      method  or  device  adopted for evasion of this section or to prevent or
      delay the issuance of an injunction or restraining order with respect to
      such false advertisement or any other  advertisement,  the  commissioner
      shall  exclude such issue from the operation of the restraining order or
      injunction.