N.Y. General Business Law § 350-a: False advertising

§ 350-a. False advertising. 1. The term "false advertising" means

advertising, including labeling, of a commodity, or of the kind,

character, terms or conditions of any employment opportunity if such

advertising is misleading in a material respect. In determining whether

any advertising is misleading, there shall be taken into account (among

other things) not only representations made by statement, word, design,

device, sound or any combination thereof, but also the extent to which

the advertising fails to reveal facts material in the light of such

representations with respect to the commodity or employment to which the

advertising relates under the conditions prescribed in said

advertisement, or under such conditions as are customary or usual. For

purposes of this article, with respect to the advertising of an

employment opportunity, it shall be deemed "misleading in a material

respect" to either fail to reveal whether the employment available or

being offered requires or is conditioned upon the purchasing or leasing

of supplies, material, equipment or other property or whether such

employment is on a commission rather than a fixed salary basis and, if

so, whether the salaries advertised are only obtainable if sufficient

commissions are earned.

2. Any written or electronic communication which simulates a document

authorized, issued or approved by any court, official, agency of this

state or a political subdivision thereof, or of another state or

official governmental entity, foreign or domestic, or which creates a

false impression as to such document's source, authorization or

approval, shall be considered false advertising unless the person, firm,

corporation or association, or agent or employee thereof, has received

express permission from such court, official, or agency for the use of

such document. This subdivision shall be construed to prohibit any false

representation or implication, written or verbal, that a person, firm,

corporation or association, or agent or employee thereof, selling a

commodity or service is vouched for, approved of, bonded by, operating

with or on behalf of, or otherwise affiliated with this state or a

political subdivision thereof, or of another state or official

governmental entity, foreign or domestic, unless such person, firm,

corporation or association, or agent or employee thereof, has received

express permission from such state or political subdivision for such

affiliation.

3. An employer shall not be liable under this section as a result of a

failure to disclose all material facts relating to terms and conditions

of employment if the aggrieved person has not suffered actual pecuniary

damage as a result of the misleading advertising of an employment

opportunity or if the employer has, prior to the aggrieved person

suffering any pecuniary damage, disclosed in writing to that person a

full and accurate description of the kind, character, terms and

conditions of the employment opportunity.

4. It shall constitute false advertising to display or announce, in

print or broadcast advertising, the price of an item after deduction of

a rebate unless the actual selling price is displayed or announced, and

clear and conspicuous notice is given in the advertisement that a

mail-in rebate is required to achieve the lower net price.