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20-1-136
Section 20-1-136 False and misleading advertising. The false and misleading advertising of
mellorine is prohibited. An advertisement of mellorine shall be deemed to be false and misleading
if in such advertisement representations are made or suggested by statement, word, grade,
designation, design, device, symbol, sound, or any combination thereof that such mellorine
is a dairy product; except, that nothing contained in this section shall prevent a truthful,
accurate, and full statement in any such advertisement of all the ingredients in such mellorine.
(Acts 1953, No. 91, p. 134, §6; Acts 1953, No. 475, p. 591, §6.)...
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20-1-25
Section 20-1-25 When articles deemed misbranded generally - Food. An article of food shall
be deemed misbranded in the following cases: (1) If it is offered for sale under the name
of another article; (2) If it is labeled or branded so as to deceive or mislead the purchaser,
or purports to be a foreign product when not so or if the contents of the package as originally
put up shall have been removed in whole or in part and other contents shall have been placed
in such package; (3) If, in package form, the name of the article together with the quantity
of the contents in terms of weight, measure, or numerical count and the name and principal
address of the manufacturer or other person responsible for placing the article on the market
are not plainly and conspicuously marked on the outside of the package; (4) If, in package
form, the package is not filled with the food it purports to contain within the limits of
tolerance fixed by the State Board of Agriculture and Industries,...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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20-1-20
Section 20-1-20 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ARTICLE. When referring to food or drugs, such term is used in the broad and comprehensive
sense and has reference to the food product or the drug product in question. (2) BABY FOOD.
A food which purports to be or is represented for special dietary use as a food for babies
by reason of its special formulation or its particular suitability for children under two
years of age. (3) BOARD. The State Board of Agriculture and Industries. (4) CLASS A FOODS.
Baby food, infant formula, and potentially hazardous food. (5) COMMISSIONER. The Commissioner
of Agriculture and Industries. (6) DEALER. A manufacturer, wholesaler, retailer, jobber, and
similar establishments, mobile or permanent, engaged in the sale of food for consumption on
premises. (7) DEPARTMENT. The Department of Agriculture and Industries. (8)...
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34-9-19.1
Section 34-9-19.1 Advertising - Dental referral service; requirements; prohibitions; penalties.
(a) For purposes of this section, the following words shall have the following meanings: (1)
ADVERTISEMENT. Information communicated in a manner designed to attract public attention to
a referral service, participating dentist, or a practice of dentistry. (2) DENTAL REFERRAL
SERVICE. A person, firm, partnership, association, corporation, agent, or employee of any
of the foregoing that engages in any business or service for profit that in whole or in part
includes the referral or recommendation of persons to a dentist for any form of dental care
or treatment. (3) DENTIST. Any person licensed to practice dentistry or any entity authorized
by law which is formed for the purpose of practicing dentistry. (4) FALSE, FRAUDULENT, MISLEADING,
OR DECEPTIVE STATEMENT. A statement or claim having one or more of the following characteristics:
a. One that contains a misrepresentation of fact. b. One that...
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2-27-2
Section 2-27-2 Definitions. For the purposes of this article, unless otherwise indicated, the
following terms shall have the meanings respectively ascribed to them by this section: (1)
PESTICIDE. a. Any substance or mixture of substances intended for preventing, destroying,
repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds or other
forms of plant or animal life and/or bacteria and viruses, except bacteria or viruses on or
in living man or other animals, which the commissioner shall declare to be a pest; and b.
Any substance or mixture of substances intended for use as a plant regulator, defoliant or
desiccant. (2) INSECTICIDE. Any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any insects which may be present in any environment whatsoever.
(3) FUNGICIDE. Any substance or mixture of substances intended for preventing, destroying,
repelling or mitigating any fungi, except those living on or in man or other...
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13A-9-42
Section 13A-9-42 False advertising. (a) A person commits the crime of false advertising if,
in connection with the promotion of a sale, transfer, consumption or use of property or services,
he 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. (b) It is a defense to a prosecution
under this section if the actor acts neither knowingly nor recklessly in making the false
or misleading statement or in causing it to be made. The burden of injecting the issue is
on the defendant, but this does not shift the burden of proof. (c) False advertising is a
Class B misdemeanor. (Acts 1977, No. 607, p. 812, §4110.)...
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2-23-4
Section 2-23-4 Requirements as to labeling generally; false or misleading statements on package
labels; delivery slips, etc., prohibited. (a) Agricultural liming materials sold or offered
for sale in this state for use herein or sold for importation into this state for use herein
shall have affixed to each container in a conspicuous manner on the outside thereof a clearly
legible printed or stamped label, tag or statement or, in the case of bulk sales, a delivery
slip, setting forth at least the following information: (1) The name and principal office
of the manufacturer, processor or distributor; (2) The brand name of the material; (3) The
identification of the product as to the type of agricultural liming material, as defined in
subdivisions (2) through (9) of Section 2-23-2; (4) The minimum percent guaranteed by weight
passing through U. S. standard sieves as prescribed by regulations of the board; (5) The minimum
guaranteed calcium carbonate equivalent; (6) The minimum guaranteed...
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5-18-13
Section 5-18-13 Advertising; schedule of charges. (a) Advertising, etc. No licensee or other
person subject to this chapter shall advertise, display, distribute, or broadcast or cause
to permit to be advertised, displayed, distributed, or broadcast in any manner whatsoever
any false, misleading, or deceptive statement or representation with regard to the rates,
terms, or conditions for loans in the amount or of the value of less than one thousand five
hundred dollars ($1,500). The supervisor may require that charges or rates of charge, if stated
by a licensee, be stated fully and clearly in such manner as he or she may deem necessary
to prevent misunderstanding thereof by prospective borrowers. The supervisor may permit or
require licensees to refer in their advertising to the fact that their business is under state
supervision, subject to conditions imposed by him or her to prevent an erroneous impression
as to the scope or degree of protections provided by this chapter. (b) Schedule...
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2-26-3
Section 2-26-3 Promulgation of rules and regulations by state board. (a) The State Board of
Agriculture and Industries shall have power to prescribe and, after public hearing following
due public notice, to adopt rules and regulations governing the method of sampling, inspecting,
analyzing, testing and examining agricultural, vegetable, flower, tree, shrub and herb seed
and the tolerances and limitations to be followed in the administration of this article, to
add to or subtract from the list of noxious weeds, to adopt or amend standards for vegetable,
flower, tree, shrub and herb seed, to increase or lower the standards for seeds when found
to be in the best interest of users of seed and to meet emergencies, to adopt sizes of containers
for seed sold, offered for sale or distributed in Alabama, to establish reasonable limitations
as to the number of bags or other containers of seed in any one lot of seed sold, offered
for sale or distributed in Alabama and such other rules and...
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