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15 U.S.C. § 52 — Dissemination of false advertisements

submitted 112 years ago by ch. 311 to r/title-15-COMMERCE-AND-TRADE · 147 words · no verdicts yet

in plain englishAI-generated · not legal advice

It is illegal to spread false advertisements meant to sell food, drugs, devices, services, or cosmetics through the mail or in interstate commerce. This applies whether the ad is meant to induce purchases directly or indirectly. Doing this counts as an unfair or deceptive practice under the FTC's main enforcement law.

(a) Unlawfulness. It is illegal for any person, partnership, or corporation to spread, or cause the spreading of, a false advertisement in two situations: (1) through the U.S. mail, or through any means that is in or affects commerce, for the purpose of inducing — or that is likely to induce — someone to buy food, drugs, devices, services, or cosmetics; or (2) through any means, for the purpose of inducing — or that is likely to induce — a purchase of food, drugs, devices, services, or cosmetics that is in or affects commerce. (b) Unfair or deceptive act or practice. Spreading a false advertisement described in subsection (a) counts as an "unfair or deceptive act or practice" in or affecting commerce, under the meaning of section 45 of this title.
the actual law source: uscode.house.gov ↗public domain
(a) Unlawfulness

It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement—

(1)

By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or

(2)

By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.

(b) Unfair or deceptive act or practice

The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of section 45 of this title.

Source credit: (Sept. 26, 1914, ch. 311, § 12, as added Mar. 21, 1938, ch. 49, § 4, 52 Stat. 114; amended Pub. L. 93–637, title II, § 201(c), Jan. 4, 1975, 88 Stat. 2193; Pub. L. 103–297, § 8, Aug. 16, 1994, 108 Stat. 1550.)

history & why it existsrecord from the source credit
  • 1914Enacted · Act of Sept. 26, 1914, ch. 311 · 52 Stat. 114
  • 1975Amended · Pub. L. 93-637 · 88 Stat. 2193
  • 1994Amended · Pub. L. 103-297 · 108 Stat. 1550

A history note hasn’t been published yet. The record shows enactment by ch. 311 on 1914-09-26.

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