§61-3-38. Publication of false advertisements; penalty.
Any person, firm, corporation or association, or their agents
or employees, who, with intent to sell, or in anywise dispose of,
merchandise, securities, service, or anything offered by such
person, firm, corporation or association, directly or indirectly,
to the public for sale or distribution, or with intent to increase
the consumption thereof, or to induce the public in any manner to
enter into any obligation relating thereto, or to acquire title
thereto, or an interest therein, causes, directly or indirectly, to
be made, published, disseminated, circulated or placed before the
public, in this state, in a newspaper or other publication, or in
the form of a book, notice, handbill, poster, bill, circular,
pamphlet or letter, or over any radio station, or in any other way,
an advertisement of any sort regarding merchandise, securities,
service or anything so offered to the public, which advertisement
contains any assertion, representation or statement of fact which
is untrue and deceptive, shall be guilty of a misdemeanor, and,
upon conviction thereof shall be punished by a fine of not less
than ten nor more than one hundred dollars, and such violation, by
an agent or employee, shall be deemed an offense as well by the
principal or employer, and they may be indicted for the same,
either jointly or severally.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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