1. Except as otherwise provided in this section, a person engages in a “deceptive trade practice” when, in the course of his or her business or occupation, he or she:
(a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or
(b) Fails upon request of the Commissioner or Attorney General to produce within 6 working days the substantiating evidence in his or her possession at the time the assertion of scientific, clinical or quantifiable fact was made.
2. This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person.