§ 202-A — False advertising

§ 202-a. False advertising. 1. An advertisement concerning a food or\nfood product shall not be false or misleading in any particular.\n 2. No publisher, radio-broadcast licensee, advertising agency, or\nagency or medium for the dissemination of an advertisement, except the\nmanufacturer, packer, distributor, or seller of the article to which the\nadvertisement relates, shall be subject to the penalties provided by\nthis chapter by reason of his dissemination of any false advertisement,\nunless he has refused on the request of the commissioner to furnish the\nname and address of the manufacturer, packer, distributor, seller, or\nadvertising agency in the United States, who caused him to disseminate\nsuch false advertisement.\n 3. Whenever it appears to the satisfaction of the court in the case of\na newspaper, magazine, periodical, or other publication, published at\nregular intervals (a) that restraining the dissemination of a false\nadvertisement in any particular issue of such publication would delay\nthe delivery of such issue after the regular time therefor, and (b) that\nsuch delay would be due to the methods by which the manufacture and\ndistribution of such publication is customarily conducted by the\npublisher in accordance with sound business practice, and not to any\nmethod or device adopted for evasion of this section or to prevent or\ndelay the issuance of an injunction or restraining order with respect to\nsuch false advertisement or any other advertisement, the commissioner\nshall exclude such issue from the operation of the restraining order or\ninjunction.\n