§ 350-A — False advertising

§ 350-a. False advertising. 1. The term "false advertising" means\nadvertising, including labeling, of a commodity, or of the kind,\ncharacter, terms or conditions of any employment opportunity if such\nadvertising is misleading in a material respect. In determining whether\nany advertising is misleading, there shall be taken into account (among\nother things) not only representations made by statement, word, design,\ndevice, sound or any combination thereof, but also the extent to which\nthe advertising fails to reveal facts material in the light of such\nrepresentations with respect to the commodity or employment to which the\nadvertising relates under the conditions prescribed in said\nadvertisement, or under such conditions as are customary or usual. For\npurposes of this article, with respect to the advertising of an\nemployment opportunity, it shall be deemed "misleading in a material\nrespect" to either fail to reveal whether the employment available or\nbeing offered requires or is conditioned upon the purchasing or leasing\nof supplies, material, equipment or other property or whether such\nemployment is on a commission rather than a fixed salary basis and, if\nso, whether the salaries advertised are only obtainable if sufficient\ncommissions are earned.\n 2. Any written or electronic communication which simulates a document\nauthorized, issued or approved by any court, official, agency of this\nstate or a political subdivision thereof, or of another state or\nofficial governmental entity, foreign or domestic, or which creates a\nfalse impression as to such document's source, authorization or\napproval, shall be considered false advertising unless the person, firm,\ncorporation or association, or agent or employee thereof, has received\nexpress permission from such court, official, or agency for the use of\nsuch document. This subdivision shall be construed to prohibit any false\nrepresentation or implication, written or verbal, that a person, firm,\ncorporation or association, or agent or employee thereof, selling a\ncommodity or service is vouched for, approved of, bonded by, operating\nwith or on behalf of, or otherwise affiliated with this state or a\npolitical subdivision thereof, or of another state or official\ngovernmental entity, foreign or domestic, unless such person, firm,\ncorporation or association, or agent or employee thereof, has received\nexpress permission from such state or political subdivision for such\naffiliation.\n 3. An employer shall not be liable under this section as a result of a\nfailure to disclose all material facts relating to terms and conditions\nof employment if the aggrieved person has not suffered actual pecuniary\ndamage as a result of the misleading advertising of an employment\nopportunity or if the employer has, prior to the aggrieved person\nsuffering any pecuniary damage, disclosed in writing to that person a\nfull and accurate description of the kind, character, terms and\nconditions of the employment opportunity.\n 4. It shall constitute false advertising to display or announce, in\nprint or broadcast advertising, the price of an item after deduction of\na rebate unless the actual selling price is displayed or announced, and\nclear and conspicuous notice is given in the advertisement that a\nmail-in rebate is required to achieve the lower net price.\n