West Virginia Code § 61-3-38

Publication of false advertisements; penalty
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Any person, firm, corporation or association, or their agents or employees, who, with intent
to sell, or in anywise dispose of, merchandise, securities, service, or anything offered by
such person, firm, corporation or association, 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, or to acquire title tehereto, or an
interest therein, causes, directly or indirectly, to be made, published, disseminated,
circulated or placed before the public, in this state, in a newspaper or orther publication, or
in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or over any
radio station, or in any other way, an advertisement of any sort regarding merchandise,
securities, service or anything so offered to the public, which advertisement contains any
assertion, representation or statement of fact which is untrute and deceptive, shall be guilty
of a misdemeanor, and, upon conviction thereof shall be punished by a fine of not less than
$10 nor more than $100, and such violation, by an agent or employee, shall be deemed an
offense as well by the principal or employer, and they may be indicted for the same, either
jointly or severally.

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