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Deceptive business practices
2C:21-7.
Deceptive business practices
A person commits an offense if in the course of business he:
a. Uses or possesses for use a false weight
or measure, or any other device for falsely determining or
recording any quality or quantity;
b. Sells, offers or exposes for sale, or
delivers less than the represented quantity of any commodity or
service;
c. Takes or attempts to take more than the
represented quantity of any commodity or service when as buyer he
furnishes the weight or measure;
d. Sells, offers or exposes for sale
adulterated or mislabeled commodities;
e. Makes a false or misleading statement in
any advertisement addressed to the public or to a substantial
segment thereof for the purpose of promoting the purchase or
sale of property or services;
f. Deleted by Amendment (P.L.1981, c. 290).
g. Deleted by Amendment (P.L.1981, c.
290).
h. Makes a false or misleading written
statement for the purpose of obtaining property or credit; or
i. Makes a false or misleading written
statement for the purpose of promoting the sale of securities, or
omits information required by law to be disclosed in written documents
relating to securities.
The offense is a crime of the fourth degree
if subsection h. or i. is violated. Otherwise it is a disorderly
persons offense.
It is an affirmative defense to prosecution
under this section if the defendant proves by a preponderance of the
evidence that his conduct was not knowingly or recklessly deceptive.
"Adulterated" means varying
from the standard of composition or quality prescribed by or pursuant
to any statute providing criminal penalties for such variance, or set
by established commercial usage. "Mislabeled" means
varying from the standard of truth or disclosure in labeling
prescribed by or pursuant to any statute providing criminal penalties
for such variance, or set by established commercial usage.
L.1978, c. 95, s. 2C:21-7, eff. Sept. 1,
1979. Amended by L.1979, c. 178, s. 36A, eff. Sept. 1, 1979;
L.1981, c. 290, s. 23A, eff. Sept. 24, 1981
 Certified by the Supreme Court of New Jersey
as a Criminal Trial Attorney
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