§ 51-12-01 — False and misleading advertising prohibited

1. No person with intent to sell, dispose of, increase the consumption of, or induce the
public to enter an obligation relative to or to acquire title or interest in any product,
merchandise, security, service, performance, or anything offered to the public may
make, publish, disseminate, circulate, broadcast, or place before the public, or directly
or indirectly shall cause to be made, published, disseminated, circulated, broadcast, or
placed before the public in a newspaper, or other publication, or in the form of a book,
notice, handbill, poster, bill, circular, pamphlet, tab, label, letter, television or radio
broadcast, placement on the internet, or in any other way, an advertisement or web
page that contains any assertion, representation, or statement of fact, including the
price thereof or name suggesting the business location of the offeror, which is untrue,
deceptive, or misleading regarding such product, merchandise, security, service,
performance, price, business location, or anything offered to the public.
2. It is not a violation of this section to advertise a performance by a performing group if
at least one member of the performing group was a member of the recording group,
the performance is identified as a "salute" or "tribute" to the recording group, the
performance is expressly authorized in the advertising by the recording group, the
advertising does not relate to a live music performance taking place in this state, or the
advertising contains a disclaimer that the performing group is not the recording group
or is not affiliated with the recording group.
3. This section imposes liability on only the offeror of a product or service. This section
does not impose liability on a publisher, broadcaster, other advertising media, or an
advertising agency that relies on the assurances of a person placing an advertisement
that the claims or representations are true.