628                              LAWS OF MARYLAND                      [CH. 337

the Annotated Code of Maryland (1957 Edition), title "Crimes and
Punishments," subtitle "Fraud—False Advertisements," to follow
immediately after Section 195 thereof, and to read as follows:

195A.

(a)    False advertising in the conduct of any business, trade or
commerce or in the furnishing of any service in this State is hereby
declared unlawful.

(b)    The term "false advertising" means advertising, including
labeling, which is misleading in a material respect; and in deter-
mining 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 there-
of, 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 advertisement, or under such conditions as are
customary or usual.

(c)    Any person, firm, corporation or association or agent or
employee thereof who engages in any of the acts or practices stated
in this article to be unlawful shall be liable to a civil penalty of not
more than five hundred dollars ($500.00) for each violation, which
shall accrue to the State of Maryland ana may be recovered in a
civil action brought by the Attorney General. In any such action it
shall be a complete defense that the advertisement is subject to and
complies with the rules and regulations of, and the statutes admin-
istered by the Federal Trade Commission or any official department,
division, commission or agency of the State of Maryland.

(d)    Before the Attorney General commences an action pursuant
to subsection (c) of this Section, he shall be required to give the
person against whom such action is contemplated appropriate notice
by certified mail and an opportunity to show either orally or in
writing why such action should not be commenced. In such showing,
said person may present, among other things, that the advertisement
is subject to and complies with the rules and regulations of, and
the statutes administered by the Federal Trade Commission or any
official department, division, commission or agency of the State of
Maryland.

(e)    Nothing in this Section shall be construed to enlarge or di-
minish the rights of parties in private litigation. This Section does
not repeal the provisions of Section 195 of this Article.

(f)    Nothing in this Section shall apply to any television or sound
radio broadcasting station or to any publisher or printer of a news-
paper, magazine, or other form of printed advertising, who broad-
casts, publishes or prints such advertisement.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1966.

Approved April 29, 1966.