Minnesota Statutes

Minn. Stat. § 325D.12 (2026)

Retailers Not To Misrepresent Nature Of Business

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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(1) No person engaged in the sale of merchandise at retail shall, in connection with such business, misrepresent the true nature of such business, either by use of the words manufacturer, wholesaler, broker, or any derivative thereof or synonym therefor, or otherwise.

(2) No person shall, in connection with the sale of merchandise at retail misrepresent, directly or indirectly, that the price at which such merchandise is sold is an approximately wholesale price, or is less than the usual retail price, either by the use of any such expression, or of any expression having a similar meaning, or otherwise misrepresent the true nature of such sale.

(3) No person shall, in connection with the sale of merchandise at retail, or in, or in connection with the use of, samples, catalogs, or other forms of advertising listing merchandise for sale at retail, display price tags or price quotations in any form showing prices which are fictitiously in excess of the actual prices at which such merchandise is regularly and customarily sold at retail by such person or by the person issuing such samples, catalogs, or other forms of advertising.

Notes of Decisions
Cited in 2 cases, 2003–2018 · leading case: Gardner v. First Am. Title Insurancr, 296 F. Supp. 2d 1011 (D. Minn. 2003).
Gardner v. First Am. Title Insurancr, 296 F. Supp. 2d 1011 (D. Minn. 2003). · cites it 2× “” Minn. Stat. § 325D.12. 2 . The Act further provides, in pertinent part, that a person engages in a deceptive trade practice when, in the course of business, that person: *1015 (1) passes off goods or services as those of another; (2) causes likelihood of confusion or…”
Russo v. Walgreen Co., No. 1:17-cv-02246 (N.D. Ill. Mar. 9, 2018). “Minnesota Unlawful Trade Practices Act IBEW asserts a claim (Count XVIII) for violation of the Minnesota Unlawful Trade Practices Act (MUTPA), alleging that Walgreens violated Minn. Stat. Ann. § 325D.12(3) (West 2017), which provides that “[n]o person shall, in connection with…”
Minn. Stat. § 325D.12(3): 1 case
Russo v. Walgreen Co., No. 1:17-cv-02246 (N.D. Ill. Mar. 9, 2018). “Minnesota Unlawful Trade Practices Act IBEW asserts a claim (Count XVIII) for violation of the Minnesota Unlawful Trade Practices Act (MUTPA), alleging that Walgreens violated Minn. Stat. Ann. § 325D.12(3) (West 2017), which provides that “[n]o person shall, in connection with…”
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