N.J. Admin. Code § 2:48-2.1 - Advertising of milk and milk products
(a) It shall be
an unfair trade practice and unlawful for any licensee of the Division of
Marketing and Development to directly or indirectly publish, promulgate, or
distribute any false, misleading, or unfair advertisements through any form of
advertising medium, or to make any misrepresentation which has the effect of
deceiving, defrauding, or confusing consumers pertaining to the quality of his
milk and milk products or the quality of the product of any other
licensee.
(b) Any licensee offering
milk products for sale to consumers in this State shall not represent such
products as being milk unless such product meets the standards for milk as
defined in the laws governing the production, handling and distribution of
milk, cream and milk products in the State of New Jersey (see
N.J.S.A.
24:10-57.1 et seq., as amended, and N.J.A.C.
8:21-10).
(c) Advertising copy
(including lettering of all sizes and kinds) designed to induce customers to
purchase milk or milk products shall include the product name shown on the
label of the milk products container and if such advertisement term includes
the word "milk," it shall not be any larger or of a different color than the
other parts of the product name. Copies of all advertisement media must be
included with the request to conduct a sales promotion, including, but not
limited to, "cents off," "Bonus Card" or "refund" promotions, according to
N.J.A.C.
2:48-4.1.
(d) Milk products referred to in this
regulation shall mean those milk products defined in
N.J.S.A.
24:10-57.1 et seq. and N.J.A.C.
8:21-10.
Notes
See: 9 N.J.R. 110(a), 10 N.J.R. 92(a).
Amended by R.1990 d.572, effective
See: 22 N.J.R. 2625(a), 22 N.J.R. 3619(a).
Stylistic correction to cites.
Amended by R.2005 d.326, effective
See: 37 N.J.R. 1912(a), 37 N.J.R. 3967(a).
In (c), added "advertisement" following "and if such", and added the last sentence.
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