126.5 - PENALTIES -- GUARANTY -- FALSE ADVERTISING LIABILITY.
126.5 PENALTIES -- GUARANTY -- FALSE ADVERTISING
LIABILITY.
1. A person who violates a provision of this chapter, other than
a violation of section 126.3, subsection 23, is guilty of a serious
misdemeanor; but if the violation is committed after a conviction of
the person under this section has become final, the person is guilty
of an aggravated misdemeanor.
2. A person is not subject to the penalties of subsection 1 if
the person establishes a guaranty or undertaking signed by, and
containing the name and address of another person residing in this
state from whom the person received the article in good faith, to the
effect that the article is not adulterated or misbranded.
3. A publisher, radio-broadcast licensee, or agency or medium
which disseminates false advertising, except the manufacturer,
packer, distributor, or seller of the article to which false
advertising relates, is not liable under this section for the
dissemination of the false advertising, unless the person knew or
believed that the advertising was deceptive, false, or misleading or
the person has refused upon the request of the board to furnish the
board the name and address, if known, of the manufacturer, packer,
distributor, seller, or advertising agency which caused the person to
disseminate the advertisement.
4. A person who violates section 126.3, subsection 23, commits an
aggravated misdemeanor.
5. A violation of this chapter is a violation of section 714.16,
subsection 2, paragraph "a". Section History: Recentrm
89 Acts, ch 197, § 5
CS89, § 203B.5
90 Acts, ch 1078, § 3, 4; 92 Acts, ch 1062, § 2
C93, § 126.5
Referred to in § 126.3