La. Admin. Code tit. 16 § III-511

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-511 - Misrepresentation of Old, Used, or Secondhand Goods

A. Definition. For the purpose of this rule the following definition shall apply.

Old, Used, or Secondhand Merchandise-any commodity sold in the ordinary course of trade and commerce which has been previously subjected to the use for which it was intended, provided that this Section shall not apply to undamaged merchandise returned to a seller, nor to a use which can be reasonably construed as a trial use by a prospective purchaser where the commodity does not leave the premises of the seller.

B. It shall be an unfair and deceptive act or practice for any seller to sell merchandise which is old, used, or secondhand, in such a way that the purchaser is led to believe that such merchandise is new and unused.

C. Whoever engages in these practices violates R.S. 51:1405(A), prohibiting, inter alia, unfair and deceptive acts and practices in trade and commerce.

D. If any part of this rule is ever legally declared to be invalid for any reason, the remainder of the rule shall continue in full force and effect, and to this end, this rule is declared to be severable.

E. All rules and regulations or parts thereof in conflict herewith are hereby repealed.

La. Admin. Code tit. 16, § III-511

Adopted by the Office of the Governor, Office of Consumer Protection, (July 1975), promulgated by the Department of Justice, Consumer Protection Section, LR 21:953 (September 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 51:1401 et seq.