[CC 1990 §625.010; CC §55.010]
As used in this Chapter, the following words and terms shall
mean:
ADVERTISEMENT
The attempt by publication, dissemination, solicitation,
circulation, or any other means to induce, directly or indirectly,
any person to enter into any obligation or acquire any title or interest
in any merchandise.
MERCHANDISE
Includes any objects, wares, goods, commodities, intangibles,
real estate or services.
SALE
Any sale, lease, offer for sale or lease, or attempt to sell
or lease merchandise for cash or on credit.
[CC 1990 §625.030; CC §55.030]
A. A person
commits the offense of deceptive business practices if in the course
of engaging in a business, occupation or profession, he/she recklessly:
1. Uses
or possesses for use a false weight or measure, or any other device
for falsely determining or recording any quality or quantity.
2. Sells,
offers or exposes for sale, or delivers less than the represented
quantity of any commodity or service.
3. Takes
or attempts to take more than the represented quantity of any commodity
or service when as buyer he/she furnishes the weight or measure.
4. Sells,
offers or exposes for sale adulterated, or mislabeled commodities.
5. Makes
a false or misleading written statement for the purpose of obtaining
property or credit.
In the construction of the preceding Section the following words
shall have the prescribed meanings:
ADULTERATED
Varying from the standard of composition or quality prescribed
by Statute or lawfully promulgated administrative regulations of this
State lawfully filed, or if none, as set by commercial usage.
MISLABELED
Varying from the standard of truth or disclosure in labeling
prescribed by statute or lawfully promulgated administrative regulations
of this State lawfully filed, or if none, as set by commercial usage;
or represented as being another person's product, though otherwise
accurately labeled as to quality and quantity.
[CC 1990 §625.060; CC §55.060]
A person commits the offense of false advertising if, in connection
with the promotion of the sale of, or to increase the consumption
of, property or services, he/she recklessly makes or causes to be
made a false or misleading statement in any advertisement addressed
to the public or to a substantial number of persons.
[CC 1990 §625.070; CC §55.070]
A. A person
commits the offense of bait advertising if he/she advertises in any
manner the sale of property or services with the purpose not to sell
or provide the property or services:
1. At the
price which he/she offered them.
2. In a
quantity sufficient to meet the reasonably expected public demand,
unless the quantity is specifically stated in the advertisement.
[CC 1990 §625.080; CC §55.080]
The offenses described in Sections
625.030 through
625.070 shall be included offenses in the unlawful practices prohibited by Section
625.020. No person shall be convicted of a violation of both Section
625.020 and of one (1) or more of Sections
625.030 through
625.070, as a result of the same act by him.