Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.
CROSS REFERENCES
Power to regulate advertising, RC 715.65
Unfair trade practices defined, CO 641.11
Unconscionable trade practices defined, CO 641.12
No person, with intent to sell or in anywise dispose of goods or service, or anything offered directly or indirectly to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, shall make, publish, disseminate, circulate or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated or placed before the public, in the City of Cleveland, an advertisement of any sort regarding goods, service or representation so offered to the public, which contains any assertion, representation or statement which is untrue, deceptive or misleading, or fails to disclose that the quantity is limited, if such is the case.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)
(a) No person, with intent to sell or in anywise dispose of merchandise which is not of the recognized highest grade for such merchandise, shall fail, neglect or refuse to advise the public of the exact quality of the merchandise offered for sale, correctly stated in terms of the trade usage, plainly discernable upon such merchandise or in or upon the counter, bin or other receptacle from which it is offered to the public.
(b) Without prejudice to the generality of the prohibitions of this section and the applicability thereof, the advertising or representing of merchandise as imperfect, without stating the recognized trade designation of quality, shall be deemed a violation of this section.
(Ord. No. 783-49. Passed 3-6-50)
No person, firm or corporation, in any newspaper, magazine, circular, form letter or any open publication, published, distributed or circulated in the City, or on any billboard, car, label or other advertising medium, or by means of any other method of advertising, shall advertise, call attention to or give publicity to the sale of any merchandise, which merchandise is second-hand, used or rebuilt merchandise, or which merchandise is defective in any manner, or consists of articles, 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 directly in connection with the name and description of such merchandise and each specified article, unit or part thereof, a direct and unequivocal statement, phrase or word which will clearly indicate that such merchandise or each article, unit or part thereof so advertised is second-hand, used, rebuilt, defective, consists of seconds, is blemished merchandise or has been rejected by the manufacturer thereof, as the fact may be.
(a) Whoever violates any provisions of this Chapter shall be subject to the penalties provided in Section 643.99. Each fraudulent advertisement for the sale of such designated items or materials constitutes a separate offense.
(b) In addition to the penalties above, any person aggrieved by any violation of this Chapter may pursue remedies authorized by Section 643.11 of this Code.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)