HOUSE BILL 349

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Tara L. Lujan

 

 

 

 

 

AN ACT

RELATING TO FALSE ADVERTISING; INCLUDING UNAUTHORIZED USE OF INTELLECTUAL PROPERTY IN THE DEFINITION OF "FALSE ADVERTISING".

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 57-15-2 NMSA 1978 (being Laws 1965, Chapter 79, Section 2, as amended) is amended to read:

     "57-15-2. FALSE ADVERTISING DEFINED.--[The term] "False advertising":

          A. means advertising, including labeling, [which] that is misleading in any material respect [and]. In determining whether any advertising is misleading, there shall be taken into account, among other things, not only representations made by statement, word, design, device, sound or any combination thereof but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity to which the advertising relates under the conditions prescribed in [said] the advertisement, or under such conditions as are customary or usual; and

          B. includes the use, without prior permission of the creator, owner or authorized user, of intellectual property, trademarks, logos, menus, recipes or remarketing or implied partnerships for use in marketing of a product or service."

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