Kentucky False Advertising (KRS § 517.030)

Kentucky False Advertising

KRS § 517.030

 

CITATION:

KRS Chapter 517

517.010 Definitions for chapter.

517.020 Deceptive business practices.

517.030 False advertising.

 

517.010 Definitions for chapter.

The following definitions apply in this chapter, unless the context otherwise requires:

(1) "Adulterated" means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage.

(2) "Business record" means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.

(3) "Enterprise" means any entity of one (1) or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political, or governmental activity.

(4) "Fiduciary" means a trustee, guardian, executor, administrator, receiver, and any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

(5) "Mislabeled" means:

(a) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage; or

(b) Represented as being another person's product, though otherwise labeled accurately as to quality or quantity.

(6) "Sham or front company" means any business established or in existence which falsely represents that business to be a minority business enterprise, or disadvantaged business enterprise, as defined in 79 C.F.R. 23.5 or 15 C.F.R. 1400.2, operated or operating for the purpose of obtaining funds, contracts, subcontracts, services, or other benefits from any local government, local government agency, or special district of this Commonwealth from the Commonwealth, or any state government agency or public corporation of this Commonwealth, or from the United States government or any federal government agency.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 476, sec. 2, effective July 15, 1994. -- Created

1974 Ky. Acts ch. 406, sec. 145, effective January 1, 1975.

 

517.030 False advertising.

(1) A person is guilty of false advertising when, in connection with the promotion of the sale of or to increase the consumption of property or services, he knowingly 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.

(2) False advertising is a Class A misdemeanor.

Effective: January 1, 1975

History: Created 1974 Ky. Acts ch. 406, sec. 147, effective January 1, 1975.

 

For more information, see here:  https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39383

 

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