N.Y. General Business Law § 395: Required disclosure of prior use

§ 395. Required disclosure of prior use. 1. Whenever any person, firm,

corporation or association engaged in the business of retailing

merchandise to the public, or agent, employee or sales representative

thereof shall offer used, rebuilt, reconditioned or repossessed

television or radio receiving sets, phonographs, or major household

appliances, for sale to the public, the seller shall affix to such

merchandise offered for sale a tag or sticker which shall state as

appropriate that such merchandise has been used, rebuilt, reconditioned,

repossessed, or rebranded and used. If such merchandise is offered for

sale to the public by any means of advertisement, announcement, card,

sign, label, tag or other means of communication, the said

advertisement, announcement, card, sign, laber, tag or other means of

communication must also contain in the description of such merchandise

the appropriate word or words of the following: used, rebuilt,

reconditioned, repossessed, or rebranded and used. Nothing in this

section shall be construed to apply to merchandise sold as antique goods

and so advertised or described, jewelry, imported oriental rugs, floor

samples, nor to any merchandise returned by a retail customer the cash

sales price for which is canceled or refunded or fully credited.

2. A violation of this section with the intent to deceive a

prospective or potential purchaser of such merchandise shall constitute

a misdemeanor.

3. Proof that any person, firm, corporation or association engaged in

the business of retailing merchandise to the public, or agent, employee

or sales representative thereof who has offered such merchandise for

sale to the public has failed to comply with subdivision one of this

section shall be presumptive evidence of the intent to deceive mentioned

in subdivision two of this section.

4. Upon a showing by the attorney general in an application for an

injunction that any person, firm, corporation or association engaged in

the business of retailing merchandise to the public, or agent, employee

or sales representative thereof who has offered such merchandise for

sale to the public has failed to comply with subdivision one of this

section, the supreme court after a hearing may issue a permanent

injunction enjoining and restraining such action or violation, without

requiring proof that any person has, in fact, been misled or deceived or

otherwise damaged thereby.