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15 U.S.C. § 52

Section 52 · Dissemination of false advertisements

This is the Federal Trade Commission Act of 1914

Amended 4 times on record

Applied in 80 court decisions — leading case Holloway v. Bristol-Myers Corp. (1973)

Most recently applied in Tavernaro v. Pioneer Credit Recovery (August 2022)

How often courts cite this section

191419201940196019802000202350ch. 311enacted · 1914 · ch. 311ch. 311amended · 1938 · ch. 311Holloway v. Bristol-Myers Corp.leading · 1973 · Holloway v. Bristol-Myers Corp.amended · 1975 · 93-637103-297amended · 1994 · 103-297
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Unlawfulness

It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement—

(1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or

(2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.

(b) Unfair or deceptive act or practice

The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of section 45 of this title.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Amendments

1994—Subsec. (a). Pub. L. 103–297 inserted “services,” after “devices,” in pars. (1) and (2).

1975—Subsec. (a). Pub. L. 93–637 substituted “in or having an effect upon commerce,” for “in commerce”.

Subsec. (b). Pub. L. 93–637 substituted “in or affecting commerce” for “in commerce”.

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