Does Section 189 of the Consumer Protection Act, which prohibits the sale of a product that is falsely described, have any effect on the sale price of the product?

"New York", United States of America

The following excerpt is from People v. Big Apple Supermarket Inc., 284 N.Y.S.2d 970, 55 Misc.2d 139 (N.Y. Dist. Ct. 1967):

'Similarly, statutes which proscribe a penalty for the good of the public are not given the strict construction generally accorded penal laws. * * * a statute beneficial to the public, though penal as to some persons, will receive an equitable construction.' (See Cotheal v. Brouwer, supra.)

Page 983

The latter portion of Section 189 which deals with 'knowledge' that a product is falsely described, may be treated in the same manner as any other fact which may be shown by proof of circumstances from which knowledge may be inferred. (See People v. Shapiro, 6 A.D.2d 271, 177 N.Y.S.2d 670.)

Other Questions


Can a consumer bring an action for damages for violation of Section 1681s-2(b) of the Consumer Information Protection Act? (MultiRegion, United States of America)
Is Section 2-61 of the California Code of Civil Procedure (i.e. R.S.2-61) overly broad and unnecessarily broadened the scope of a section of the statute that prohibits non-disruptive speech? (MultiRegion, United States of America)
Does the Department of Justice have standing standing in cases where federal regulations prohibit the states from enforcing their own consumer protection laws? (MultiRegion, United States of America)
What is the scope of a section 2(2) of the Human Rights Act, section 3(4) and section 4(5) of The Queen’s Speech to the House of Representatives on the issue of same sex discrimination? (Canada (Federal), Canada)
What is the relevant section of the Queen’s Speech to the Court of Appeal and what is the effect of this section? (Canada (Federal), Canada)
What is the effect of section 3161(j)(1) of the Criminal Code when a plaintiff cannot establish a Section 3161 violation? (MultiRegion, United States of America)
What is the meaning of section (a) of the amended Section 703(a)(2) of Title VII of the Civil Rights Act, which prohibits discrimination on the basis of race? (MultiRegion, United States of America)
What is the test for a whistleblower protection claim under the Sarbanes-Oxley Act or the Consumer Product Safety Improvement Act? (MultiRegion, United States of America)
How have the courts interpreted section 56(2) of the Income Tax Code in the context of Section 56(1) and Section 5(2)? (Canada (Federal), Canada)
What is the test for subsection 2(3) of the Criminal Code of Canada section 5(6) of Section 7(2) of section 6(3)? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.