§52. Dissemination of false advertisements

(a) Unlawfulness

It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement-

(1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or

(2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.

(b) Unfair or deceptive act or practice

The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of section 45 of this title.

(Sept. 26, 1914, ch. 311, §12, as added Mar. 21, 1938, ch. 49, §4, 52 Stat. 114 ; amended Pub. L. 93–637, title II, §201(c), Jan. 4, 1975, 88 Stat. 2193 ; Pub. L. 103–297, §8, Aug. 16, 1994, 108 Stat. 1550 .)

Amendments

1994-Subsec. (a). Pub. L. 103–297 inserted "services," after "devices," in pars. (1) and (2).

1975-Subsec. (a). Pub. L. 93–637 substituted "in or having an effect upon commerce," for "in commerce".

Subsec. (b). Pub. L. 93–637 substituted "in or affecting commerce" for "in commerce".