Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 91 (2026)

Untrue and misleading advertisements; prohibitions

✓ current as of July 2026

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Section 91. Any person who, with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, directly or indirectly, to the public for sale or distribution, or who, with intent to increase the consumption of or demand for such merchandise, securities, service or other thing, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public within the commonwealth, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, 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 untrue, deceptive or misleading, and which such person knew, or might on reasonable investigation have ascertained to be untrue, deceptive or misleading, shall be punished by a fine of not less than one thousand nor more than two thousand dollars; provided, that this section shall not apply to any owner, publisher, printer, agent or employee of a newspaper or other publication, periodical or circular, or to any agent of the advertiser who in good faith and without knowledge of the falsity or deceptive character thereof publishes, causes to be published, or participates in the publication of such advertisement.

Whoever violates the provisions of this section may be enjoined therefrom by a petition in equity brought by the attorney general or any aggrieved party.

Notes of Decisions

Cited in 27 cases (10 in the last 5 years), 1924–2025 · leading case: Bezdek v. Vibram USA Inc., 79 F. Supp. 3d 324 (D. Mass. 2015).

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Bezdek v. Vibram USA Inc., 79 F. Supp. 3d 324 (D. Mass. 2015). · cites it 4× “On March 21, 2012, Bezdek filed the first of the complaints in this court on behalf of a proposed nationwide class, alleging violations of Mass. Gen. Laws ch. 266, § 91 (untrue and misleading advertising), Mass.”

Blake v. Prof'l Coin Grading Serv., 898 F. Supp. 2d 365 (D. Mass. 2012). · cites it 2× “” Mass. Gen. Laws ch. 266, § 91 . A plaintiff must plead this claim with specificity, as it falls within the heightened pleading requirements of Federal Rule of Civil Procedure 9(b).”

Kyte v. Philip Morris Inc., 556 N.E.2d 1025 (Mass. 1990). · cites it 2× “270, § 6, and G.L.c. 266, § 91 (1988 ed.). The record, as we have said, shows that Philip Morris did not violate G.”

Arborjet, Inc. v. Rainbow Treecare Sci. Advancements, Inc., 794 F.3d 168 (1st Cir. 2015). “§ 1125 (a)(1)(B); Mass. Gen. Laws ch. 266, § 91 , false designation of origin under the Lanham Act, 15 U.”

Am. Med. Sys., Inc. v. Biolitec, Inc., 774 F. Supp. 2d 375 (D. Mass. 2011). · cites it 3× “93A, §§ 2, 11, against Biolitec; Count V, untrue and misleading advertising in violation of Mass. Gen. Laws ch. 266, § 91 , against Biolitec; and Count VI, unfair competition against Biolitec.”

Kilbane v. Sec'y of Human Servs., 14 Mass. App. Ct. 286 (Mass. App. Ct. 1982). · cites it 4× “Acting under G. L. c. 266, § 91, as amended through St.”

Am. Med. Sys., Inc. v. Biolitec, Inc., 604 F. Supp. 2d 325 (D. Mass. 2009). · cites it 2× “93A, §§ 2 and 11, violation of Mass. Gen. Laws ch. 266, § 91 , and unfair competition.”

Arborjet, Inc v. Rainbow Treecare Sci. Advancements, Inc., 63 F. Supp. 3d 149 (D. Mass. 2014). · cites it 3× “§ 1125 (a), 4) false advertising in violation of M.G.L. c. 266, § 91 et seq. and 5) common law unfair competition.”

Riverdale Mills Corp. v. Cavatorta North Am., Inc., 146 F. Supp. 3d 356 (D. Mass. 2015). · cites it 2× “§ 1125 (a); (2) violation of Mass. Gen. Laws ch. 266, § 91 ; (3) violation of Mass.”

Riverdale Mills Corp. v. Cavatorta North Am., Inc., 189 F. Supp. 3d 317 (D. Mass. 2016). “§ 1125 (a); (2) violation of Mass. Gen. Laws ch. 266, § 91 ; (3) violations of *320 Mass.”

Bretton v. State Lottery Comm'n, 673 N.E.2d 76 (Mass. App. Ct. 1996). “4, § 7, Twenty-third, it cannot be held liable under G. L. c. 266, § 91, which proscribes false advertising by “[a]ny person”).”

Spruce Env't Tech., Inc. v. Festa Radon Tech., Co., 248 F. Supp. 3d 316 (D. Mass. 2017). “93A, §§ 2, 11, (“Chapter 93A”), 3) a Massachusetts statute that prohibits unfair and misleading advertisements, M.G.L. c. 266, § 91 and that Festa committed commercial disparagement.”

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