O.C.G.A.
O.C.G.A. § 10-1-423 (2019)
Enjoining prohibited advertising
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Any person, firm, or corporation offering through advertising merchandise, commodities, or services for sale in violation of Code Section 10-1-420, 10-1-421, or 10-1-422 may be enjoined from such advertising by the superior court having jurisdiction, upon the suit of any person aggrieved or about to be aggrieved thereby.
History
Ga. L. 1958, p. 411, § 2; Ga. L. 1963, p. 507, § 2.
Annotations
OPINIONS OF THE ATTORNEY GENERAL Section does not authorize a state suit. 1965-66 Op. Att’y Gen. No. 66-141.
SELLING/OTHER TRADE PRACTICES
RESEARCH REFERENCES ALR. Validity and construction of regulations dealing with misrepresentation in the sale of kosher food, 52 A.L.R.3d 959.
Right to private action under state consumer protection Act, 62 A.L.R.3d 169.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1997–2026 · leading case: Clark v. Aaron's, Inc., 914 F. Supp. 2d 1301 (N.D. Ga. 2012).
Clark v. Aaron's, Inc., 914 F. Supp. 2d 1301 (N.D. Ga. 2012). “) O.C.G.A. § 10-1-423 provides that any “person, firm, or corporation” that has engaged in false advertising in violation of § 10-1-420 “may be enjoined.”
Friedlander v. Hms-pep Prods., Inc., 485 S.E.2d 240 (Ga. Ct. App. 1997). “OCGA § 10-1-423. In the same way that he failed to show he was damaged or likely to be damaged by Pep’s allegedly deceptive trade practices, Friedlander has also failed to show that any of Pep’s advertising has aggrieved him or potentially will aggrieve him.”
Accuracy in Media, Inc. v. Isabella Giusti (Ga. Ct. App. 2026). “16 OCGA § 10-1-423, in turn, provides that “[a]ny person, firm, or corporation offering through advertising merchandise, commodities, or services for sale in violation of Code Section .”
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