Agriculture & Markets - Adulteration, Packing, and Branding of Food and Food Products - False advertising

Published: 2014-09-22

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§ 202-a. False advertising. 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