§ 11-704. Determination whether advertisement misleading  


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  •    To determine if an advertisement is misleading, the following, in addition to any other appropriate considerations, shall be considered:

       (1) Any representation made by statement, word, design, device, or sound, whether alone or together; and

       (2) The extent to which the advertisement fails to reveal a fact which, in light of any representation made, is material with respect to the advertised commodity or service under conditions which are:

          (i) Customary or usual; or

          (ii) Described in the advertisement.


HISTORY: An. Code 1957, art. 27, § 195A; 1975, ch. 49, § 3.