§ 638:6 — Deceptive Business Practices

I. A person is guilty of a class B misdemeanor if, in the course of business, he:
(a) Uses or possesses for use, a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
(b) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or
(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(d) Sells, offers or exposes for sale adulterated or mislabeled commodities. "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or
(e) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services.
II. It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.

Legislative History

1971, 518:1. 1992, 269:16, eff. July 1, 1992.