§ 152.80. Misleading advertisements prohibited.

(a) No person shall advertise or cause to be advertised in any newspaper or other publication, or any advertising device, or by any other manner or means whatever, any assertion, representation or statement of fact, concerning real or personal property or services, professional or otherwise, or concerning any circumstances or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading and which is known, or which, by the exercise of reasonable care, should be known to be untrue or misleading.

(b)

No person shall, by means of exaggerated variations in the comparative size, location or position of letters, figures or other markings or characters on any price tag, sign, poster, notice, display or advertisement or other public representation of any nature whatsoever, mislead or deceive, or attempt to mislead or deceive, the public, as to the true nature, price, quantity, quality, brand or character of any goods, wares, merchandise, service, facilities or accommodations, or as to the nature of, or the reason, if any is offered, for the sale or offering for sale, so being made to the public.

(c)

No person shall advertise property or services for sale with the word "wholesale" when the property or services are available for purchase by the general public.

(d)

No person shall advertise or otherwise represent to the public in any manner whatsoever:

(1)

A representation of brand, quality, quantity, trade name or other character of any property or services that is untrue or misleading; or

(2)

A sale or gift or an offer for sale or gift of any property or services which is contingent upon the concurrent purchase of any other property or service, unless clearly spelled out in the advertising.

(e)

This section does not apply to any publisher of a newspaper, magazine or other publication, or the owner or operator of a radio or television station, or any other owner or operator of a medium primarily devoted to advertising, who publishes, broadcasts or otherwise disseminates an advertisement in good faith without knowledge of its false, deceptive or misleading character. (Code 1960, As Amend., § 838.080)