364

LAWS OF MARYLAND

[Ch. 49

(2) PUBLISHER OR PRINTER OF A NEWSPAPER, MAGAZINE,
OR OTHER FORM OF PRINTED ADVERTISEMENT WHO PUBLISHES OR
PRINTS AN ADVERTISEMENT.

REVISOR'S NOTE: This section presently appears as
Art. 27, §195A(f).

Reference to a "sound" radio broadcasting
station is deleted as superfluous.

The only other changes are in style.

11-703. FALSE ADVERTISING PROHIBITED.

A PERSON MAY NOT ADVERTISE FALSELY IN THE CONDUCT OF
ANY BUSINESS, TRADE, OR COMMERCE OR IN THE PROVISION OF
ANY SERVICE.

REVISOR'S NOTE: This section presently appears as
Art. 27, §195A(a).

The only changes are in style.

11-704. DETERMINATION WHETHER ADVERTISEMENT MISLEADING.

TO DETERMINE IF AN ADVERTISEMENT IS MISLEADING, THE
FOLLOWING, IN ADDITION TO ANY OTHER APPROPRIATE
CONSIDERATIONS, SHALL BE CONSIDERED:

(1)    ANY REPRESENTATION MADE BY STATEMENT, WORD,
DESIGN, DEVICE, OR SOUND, WHETHER ALONE OR TOGETHER; AND

(2)    THE EXTENT TO WHICH THE ADVERTISEMENT FAILS TO
REVEAL A FACT WHICH, IN LIGHT OF ANY REPRESENTATION MADE,
IS MATERIAL WITH RESPECT TO THE ADVERTISED COMMODITY OR
SERVICE UNDER CONDITIONS WHICH ARE:

(i) CUSTOMARY OR USUAL; OR

(ii) DESCRIBED IN THE ADVERTISEMENT.

REVISOR'S NOTE: This section presently appears as
the second clause in §195A(b).

In item (2) (ii) of this section, the word
"described" is substituted for the somewhat
more restrictive "prescribed."

The only other changes are in style.

11-705. ENFORCEMENT BY ATTORNEY GENERAL.

(A) CIVIL PENALTY.