N.Y. Agriculture & Markets Law § 202-a: False advertising

§ 202-a. False advertising. 1. An advertisement concerning a food or

food product shall not be false or misleading in any particular.

2. No publisher, radio-broadcast licensee, advertising agency, or

agency or medium for the dissemination of an advertisement, except the

manufacturer, packer, distributor, or seller of the article to which the

advertisement relates, shall be subject to the penalties provided by

this chapter by reason of his dissemination of any false advertisement,

unless he has refused on the request of the commissioner to furnish the

name and address of the manufacturer, packer, distributor, seller, or

advertising agency in the United States, who caused him to disseminate

such false advertisement.

3. Whenever it appears to the satisfaction of the court in the case of

a newspaper, magazine, periodical, or other publication, published at

regular intervals (a) that restraining the dissemination of a false

advertisement in any particular issue of such publication would delay

the delivery of such issue after the regular time therefor, and (b) that

such delay would be due to the methods by which the manufacture and

distribution of such publication is customarily conducted by the

publisher in accordance with sound business practice, and not to any

method or device adopted for evasion of this section or to prevent or

delay the issuance of an injunction or restraining order with respect to

such false advertisement or any other advertisement, the commissioner

shall exclude such issue from the operation of the restraining order or

injunction.