51-12 False Advertising - North Dakota Statutes

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CHAPTER 51-12FALSE ADVERTISING51-12-01. False and misleading advertising prohibited.1.No person with intent to sell, dispose of, increase the consumption of, or induce the
public to enter an obligation relative to or to acquire title or interest in any food, drug,
medicine,patentandproprietaryproduct,merchandise,security,service,performance, medical treatment, paint, varnish, oil, clothing, wearing apparel,
machinery, or anything offered to the public may make, publish, disseminate,
circulate, or place before the public, or directly or indirectly shall cause to be made,
published, disseminated, circulated, or placed before the public in a newspaper, or
other publication, or in the form of a book, notice, handbill, poster, bill, circular,
pamphlet, tab, label, letter, or in any other way, an advertisement that contains any
assertion, representation, or statement of fact, including the price thereof, which is
untrue, deceptive, or misleading regarding such food, drug, medicine, patent and
proprietary product, merchandise, security, service, performance, medical treatment,
paint, varnish, oil, clothing, wearing apparel, machinery, or anything offered to the
public.2.It is not a violation of this section to advertise a performance by a performing group if
at least one member of the performing group was a member of the recording group,
the performance is identified as a "salute" or "tribute" to the recording group, the
performance is expressly authorized in the advertising by the recording group, the
advertising does not relate to a live music performance taking place in this state, or
the advertising contains a disclaimer that the performing group is not the recording
group or is not affiliated with the recording group.51-12-02. Penalty. Any person who violates any of the provisions of section 51-12-01 isguilty of a class B misdemeanor.51-12-02.1.Popcorn toppings - Advertisement - Sale - Penalty.No personadvertising, offering for sale, or selling popcorn intended for consumption on the premises where
purchased may use the word butter, or any derivative of the word butter, to describe a topping
placed on popcorn, unless the topping is real butter or unless the word butter, or derivative of the
word butter, is a part of the commercial brand name of the topping product. The allowable use
under this section of the word butter, or any derivative of the word butter, as part of the
commercial brand name of a topping product is limited to use in that manner and popcorn with
such a topping may not be described as buttered popcorn. Any person who violates this section
is guilty of an infraction.51-12-03. Enforcement of provision prohibiting false advertisement. Repealed byS.L. 1961, ch. 310,