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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) It shall be unlawful for any person engaged in the sale, merchandising, or distribution of food to cause, with intent to deceive, the dissemination of a false advertisement regarding a food.
(2) An advertisement of a food shall be deemed to be false if it is false or misleading in any manner, including the following:
(a) The advertising of food as that of another;
(b) The advertising of food in a manner causing the likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of such food;
(c) The advertising of food in a manner causing the likelihood of confusion or misunderstanding as to affiliation, connection, or association with or certification by another;
(d) The advertisement of food by use of deceptive representations or deceptive designation of geographic origin in connection with such food;
(e) The advertisement of food by way of representations that the food has sponsorship, approval, characteristics, ingredients, benefits, uses, or qualities that it does not have or that a person or company has a sponsorship, approval status, affiliation, or connection that he, she, or it does not have;
(f) The advertisement of food by way of a representation that the food is of a particular standard, quality, or grade when it is not;
(g) The advertisement of food by disparaging the food of another by false or misleading representations of fact;
(h) The advertisement of food with an intent not to sell it as advertised or an intent to sell an alternative food in substitution for the advertised food;
(i) The advertisement of food with the intent not to supply a reasonably expectable public demand unless the advertisement imposes a limitation of quantity; or
(j) The advertisement of food by making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 81. State Administrative Departments § 81-2,285. False advertisement regarding food; prohibited; false advertisement, defined - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-81-state-administrative-departments/ne-rev-st-sect-81-2-285/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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