CHAPTER 372

An Act to amend the Code of Virginia by adding sections numbered
18.1-131.1 through 18.1-131.8, relating to deceptive and misleading
advertising practices; providing penalties and remedies for the viola-
tion thereof.

(S 355]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia: .

1. That the Code of Virginia be amended by adding sections numbered
18.1-131.1 through 18.1-131.8, as follows:

§ 18.1-181.1. (a) Any person, firm, corporation or association who
in any manner advertises or offers for sale to the public any merchandise,
goods, commodity, service or thing with intent not to sell, or with intent
not to sell at the price or upon the terms advertised or offered, shall be
guilty of a misdemeanor.

(b) In any prosecution or civil action under this section, the refusal
by any person, firm, corporation or association or any employee, agent or
servant thereof to sell, or the refusal to sell at the price or upon the terms
advertised or offered, any merchandise, goods, commodity, service or
thing advertised or offered for sale to the public, shall be prima facie
evidence of a violation of this section; provided, that this paragraph
shall not apply whenever it is clearly stated in the advertisement or offer
by which such merchandise, goods, commodity, service or thing is ad-
vertised or offered for sale to the public, that the advertiser or offerer
has a limited quantity or amount of such merchandise, goods, commodity,
service or thing for sale, and the advertiser or offeror at the time of such
table viamaaaias or offer did in fact have at least such quantity or amount

or sale.

§ 18.1-1381.2. Any person, firm, corporation or association who in
any manner knowingly advertises or offers for sale to the public any
merchandise, goods, commodity or thing which is defective, blemished,
secondhand or used, or which has been designated by the manufacturer
thereof as ‘“‘seconds”, “irregulars’, “imperfects’’, “not first class”, or words
of similar import, without clearly and unequivocally indicating in the
advertisement or offer that the merchandise, goods, commodity or thing
or the articles, units or parts, thereof so advertised or offered for sale
to the public is defective, blemished, secondhand or used or consists of
“seconds”, “‘irregulars’”, “imperfects” or “not first class’, shall be guilty
of a misdemeanor.

§ 18.1-131.8. Any person, firm, corporation or association who in
any manner knowingly advertises as a former or comparative price of
the merchandise, goods, commodity, service or thing advertised a price
which was not either the prevailing price in the trade area or the adver-
tiser’s or offeror’s own prevailing price for not less than thirty consecu-
tive days within the four months next immediately preceding the date
of the advertisement, shall be guilty of a misdemeanor, unless the date
when the alleged former or comparative price did prevail is clearly and
conspicuously stated in the advertisement.

§ 18.1-181.4. Any person, firm, corporation or association who in
any manner in any advertisement or offer for sale to the public of any
merchandise, goods, commodity or thing uses the words ‘“‘wholesale’’ or
“wholesaler” to represent or describe the nature of its business shall be
guilty of a misdemeanor, unless such person, firm, corporation or associa-
tion is actually engaged in selling at wholesale the merchandise, goods,
commodity or thing advertised or offered for sale.

§ 18.1-131.5. Any person, firm, corporation or association engaged
in selling new or used automobiles or trucks to the public shall be guilty
of a misdemeanor if he or it in any manner advertises or offers for sale
to the public any such automobile or truck (a) without stating in such
advertisement or offer the make, year model, body style, manufacturer’s
series and number of cylinders of such automobile or truck; (b) if refer-
ence is made to equipment, without itemizing in such advertisement or
offer the optional equipment physically attached to the automobile or truck
and stating whether each item is included in the price; (c) if the manu-
facturer’s suggested retail price is stated, without stating in such adver-
tisement or offer whether such price is an F.O.B. factory or delivered
price; and (d) if a price other than the manufacturer’s price is stated,
without stating in such advertisement or offer whether it is the cash,
delivered price.

__ § 18.1-181.6. (a) Any person, firm, corporation or association who
violates any one or more of the preceding sections (§§ 18.1-131 through
18.1-131.5) may be enjoined by any court of competent jurisdiction not-
withstanding the existence of an adequate remedy at law. In any action
under this section, it shall not be necessary that damages be alleged or
proved.

(b) Actions for injunctive relief under this section may be brought
by the Commonwealth’s Attorneys of this State in the name of the Com-
monwealth of Virginia upon their own complaint or upon the complaint
of any person, firm, corporation or association. The bringing of an ac-
tion under this section shall not prevent the institution or continuation
of criminal proceedings against the same defendant or defendants.

§ 18.1-131.7. A person, firm, corporation or association who or which,
for compensation, issues or distributes any advertisement or offer, written,
printed, oral or otherwise, in reliance upon the copy or information sup-
plied him by the advertiser or offeror, shall not be deemed to have violated
sections 18.1-131 through 18.1-131.5 nor shall an inadvertent error on the
part of any such person, firm, corporation or association be deemed a
violation of such sections.

§ 18.1-131.8. Nothing in §§ 18.1-131.1 through 18.1-131.7 shall be
deemed to impair the right of any person, firm, corporation or association
to select its clientele or customers.