AB 2313, as introduced, Nestande. False advertising.
Existing law makes it a crime for a person, corporation or association, or any employee of a corporation or association, to engage in advertising practices conducted by specified means of dissemination or publication, where a statement is made or disseminated that is untrue or misleading, and which by the exercise of reasonable care should be known to be untrue or misleading.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 17500 of the Business and Professions
2Code is amended to read:
It is unlawful forbegin delete anyend deletebegin insert aend insert person, firm, corporation or
4association, orbegin delete anyend deletebegin insert anend insert employee thereof with intent directly or
5indirectly to dispose of real or personal property or to perform
6services, professional or otherwise, or anything of any nature
P2 1whatsoever or to induce the public to enter intobegin delete anyend deletebegin insert
anend insert
obligation
2relating thereto, to make or disseminate or cause to be made or
3disseminated before the public in this state, or to make or
4disseminate or cause to be made or disseminated from this state
5before the public in any state, inbegin delete anyend deletebegin insert aend insert newspaper or other
6publication, orbegin delete anyend deletebegin insert anend insert advertising device, or by public outcry or
7proclamation, or in any other manner or meansbegin delete whateverend delete, including
8over the Internet,begin delete anyend deletebegin insert
aend insert statement, concerning that real or personal
9property or those services, professional or otherwise, or concerning
10any circumstance or matter of fact connected with the proposed
11performance or disposition thereof,begin delete whichend deletebegin insert thatend insert is untrue or
12misleading, andbegin delete whichend deletebegin insert
thatend insert is known, orbegin delete which by the exercise of should be known,begin insert by the exercise of reasonable
13reasonable careend delete
14care,end insert to be untrue or misleading, or for any person, firm, or
15corporation to so make or disseminate or cause to be so made or
16disseminated any such statement as part of a plan or scheme with
17the intent not to sell that personal property or those services,
18professional or otherwise, so advertised at the price stated therein,
19or as so advertised. Any violation of the provisions of this section
20is a misdemeanor punishable by imprisonment in the county jail
21not exceeding six months, or by a fine not exceeding two thousand
22five hundred dollars ($2,500), or by both that imprisonment and
23fine.
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