Section 350-D. Civil penalty

Any person, firm, corporation or association
  or agent or employee thereof who engages in any of the acts or practices
  stated in this article to be unlawful shall be liable to a civil penalty
  of not more than five thousand dollars for each violation,  which  shall
  accrue  to  the state of New York and may be recovered in a civil action
  brought by the attorney general. In  any  such  action  it  shall  be  a
  complete  defense that the advertisement is subject to and complies with
  the rules and regulations of,  and  the  statutes  administered  by  the
  Federal   Trade   Commission   or  any  official  department,  division,
  commission or agency of the state of New York.