§ 51-12-11 — Used merchandise or seconds

It is unlawful for any person in any newspaper, magazine, circular, form letter, or any open
publication, published, distributed, or circulated in this state or on any billboard, card, label, or
other advertising medium, or by means of any other advertising device, to advertise, call
attention to, or give publicity to the sale of any merchandise, which merchandise is secondhand
or used merchandise, or which merchandise is defective in any manner, or which merchandise
consists of articles or units or parts known as "seconds", or blemished merchandise, or which
merchandise has been rejected by the manufacturer thereof as not first class, unless there be
conspicuously displayed directly in connection with the name and description of such
merchandise and each specified article, unit, or part thereof, a direct and unequivocal
statement, phrase, or word which will clearly indicate that such merchandise or each article,

unit, or part thereof so advertised is secondhand, used, defective, or consists of "seconds" or is
blemished merchandise, or has been rejected by the manufacturer thereof, as the fact shall be.