§ 75-29. Unfair and deceptive trade names; use of term "wholesale" in advertising, etc. - North Carolina Statutes

§75‑29.  Unfair and deceptive trade names; use of term"wholesale" in advertising, etc.

(a)        No person, firm orcorporation shall advertise the sale of its merchandise using the term"wholesale" with regard to its sale  prices, except as such word mayappear in the company or firm name, unless such advertised sale or sales is, orare, to a customer or customers having a certificate of resale issued pursuantto G.S. 105‑164.28 and recorded as required by G.S. 105‑164.25 orunless the wholesale price is established by an independent agency not engagedin the manufacture, distribution or sale of such merchandise.

No person, firm or corporationshall utilize in any commercial transaction a company or firm name whichcontains the word "wholesale" unless such person, firm or corporationis engaged principally in sales at wholesale as defined in G.S. 105‑164.3.For the purposes of determining whether sales are made principally at wholesaleor retail, all sales to employees of any such person, firm or corporation, allsales to organizations subject to refunds pursuant to G.S. 105‑164.14,and all exempt sales pursuant to G.S. 105‑164.13 shall be consideredsales at wholesale. Sales of merchandise for delivery by the seller to thepurchaser at a location other than the seller's place of business shall beconsidered sales at wholesale for the purposes of this section.

(b)        The violation ofany provision of this section shall be considered an unfair trade practice, asprohibited by G.S. 75‑1.1.

(c)        This section shallnot apply to the sales of farm products, fertilizers, insecticides, pesticidesor petroleum. (1973, c. 1392, ss. 1, 2.)