Chapter 9.12 FALSE ADVERTISING
Section 9.12.030 Seconds to be marked.
It shall be deemed deceptive and misleading advertising and
unlawful for any person in a
newspaper or other publication, or in any other manner hereinbefore set out, to offer to the
public, for sale or distribution, any merchandise which is secondhand or used merchandise, or
which is defective in any manner, or which consists of articles or units or parts known as
"seconds" or blemished merchandise or which has been rejected by the manufacturer thereof
as
not first class, unless there is conspicuously displayed in direct connection with the name and
description of such merchandise and each specific article, unit or part thereof, an unequivocal
statement, phrase, or word which will clearly indicate that such merchandise or each article, unit
or part thereof so advertised is secondhand, used, defective, or consists of "seconds," or
is
blemished merchandise, or has been rejected by the manufacturer thereof as not first class, as the
fact may be. (Added during 1993 recodification)