15 U.S.C. § 52

Dissemination of false advertisements

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(a) UnlawfulnessIt shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement—(1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or(2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.(b) Unfair or deceptive act or practice

The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of section 45 of this title.

(Sept. 26, 1914, ch. 311, § 12, as added Mar. 21, 1938, ch. 49, § 4, 52 Stat. 114; amended Pub. L. 93–637, title II, § 201(c), Jan. 4, 1975, 88 Stat. 2193; Pub. L. 103–297, § 8, Aug. 16, 1994, 108 Stat. 1550.)Editorial NotesAmendments

1994—Subsec. (a). Pub. L. 103–297 inserted “services,” after “devices,” in pars. (1) and (2).

1975—Subsec. (a). Pub. L. 93–637 substituted “in or having an effect upon commerce,” for “in commerce”.

Subsec. (b). Pub. L. 93–637 substituted “in or affecting commerce” for “in commerce”.

Statutory Notes and Related SubsidiariesInformation About Scams Related to COVID–19

Pub. L. 116–287, § 2, Jan. 5, 2021, 134 Stat. 4882, provided that:“(a)Dissemination of Information.—“(1)In general.—As expeditiously as possible after the date of the enactment of this Act [Jan. 5, 2021], the Commission, in consultation with the Attorney General, the Secretary of Health and Human Services, the Postmaster General, the Chief Postal Inspector, and the Internet Crime Complaint Center, shall develop and disseminate information to the public about scams related to the novel coronavirus (COVID–19).“(2)Requirements.—In carrying out paragraph (1), the Commission shall—“(A) include—“(i) information regarding mail, telemarketing, and internet fraud and illegal robocalls related to COVID–19 that identifies the most common scams; and“(ii) information regarding where and how to report instances of scams related to COVID–19, including instructions on how to file a complaint with the appropriate law enforcement agency;“(B) disseminate information under such paragraph in a manner that prioritizes, and that is easily accessible by and user-friendly to, senior citizens and people with infirmities and disabilities;“(C) disseminate information under such paragraph on an internet website of the Commission that serves as a source of information for the public about scams related to COVID–19; and“(D) regularly update the information developed and disseminated under such paragraph to keep pace with the changing nature of scams related to COVID–19.“(b)Database.—As expeditiously as possible after the date of the enactment of this Act, the Commission shall, in consultation with State law enforcement agencies, the Director of the Bureau of Consumer Financial Protection, the Attorney General, the Secretary of Health and Human Services, and other relevant Federal officials, establish a comprehensive national database, either within or separate from the Consumer Sentinel Network, that tracks instances of scams related to COVID–19.“(c)Commission Defined.—In this section, the term ‘Commission’ means the Federal Trade Commission.”

Notes of Decisions

Cited in 97 cases (22 in the last 5 years), 1942–2026 · leading case: Pennsylvania Employees Benefit Trust Fund v. Zeneca Inc.

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Pennsylvania Employees Benefit Trust Fund v. Zeneca Inc. (2007) ca3 · cites it 6× “§ 352 (n) and the regulations promulgated thereunder from the scope of 15 U.S.C. § 52 , Congress signaled its intent to give the FDA exclusive authority to regulate prescription drug advertising.”

United States v. Arif (2018) ca1 · cites it 3× “§ 1343 , as to prosecutions that also fall within the reach of the 1938 Wheeler-Lea Amendment to the Federal Trade Commission Act ("FTCA"), 15 U.S.C. §§ 52 - 57. 2 Arif also argues that, as a matter of law, he could not have committed fraud because he "held an honest and sincere…”

Fed. Trade Comm'n v. Roca Labs, Inc. (2018) flmd · cites it 4× “§ 45 (a), which prohibits unfair or deceptive acts or practices in or affecting commerce, and Section 12 of the FTC Act, 15 U.S.C. §§ 52 , 55, which prohibits false advertisements for food, drugs, devices, services, or cosmetics in or affecting commerce.”

Federal Trade Commission v. National Urological Group, Inc. (2008) gand · cites it 3× “15 U.S.C. § 52 . To aid its enforcement of the FTC Act, the FTC has promulgated regulations that require advertisements: (1) to be truthful and not misleading, and (2) to be supported by adequate substantiation for product claims prior to dissemination.”

Federal Trade Commission v. Direct Marketing Concepts, Inc. (2010) ca1 · cites it 2× “in or having an effect upon commerce” ( 15 U.S.C. § 52 (a)) are “unlawful.” 15 U.”

Federal Trade Commission, Plaintiff-Appellant-Cross-Appellee v. Pantron I Corporation, Defendants-Appellees-Cross-Appell (1994) ca9 · cites it 2× “” 15 U.S.C. § 52 (a)(2). It also provides that the dissemination of any such false advertisement is an “unfair or deceptive act or practice in or affecting commerce” within the meaning of section 5.”

E. F. Drew & Co., Inc. v. Federal Trade Commission (1956) ca2 · cites it 5× “Trade Commission Act, 15 U.S.C.A. §§ 52 and 55, involving oleomargarine advertisements, is it necessary to establish that the acts and practices involved are of a false and misleading character, as is required in a proceeding for violation of § 5 of the Act, 15 U.”

Shaulis v. Nordstrom Inc. (2015) mad · cites it 2× “§ 45 (a)(1) and 15 U.S.C. § 52 (a), as well as FTC Guidelines published at 16 C.”

Federal Trade Commission v. QT, Inc. (2006) ilnd · cites it 2× “In addition, the FTC contends that this Court has jurisdiction over this matter pursuant to 15 U.S.C. § 52 because the Q-Ray Bracelet is a device.”

American Home Products Corporation, a Delaware Corporation v. Federal Trade Commission (1983) ca3 · cites it 2× “” Under 15 U.S.C. § 52 (a), it is unlawful to disseminate “any false advertisement .”

Simeon Management Corporation v. Federal Trade Commission (1978) ca9 · cites it 2× “The complaint, however, did not allege, and the FTC was not required to *1145 prove, that the weight reduction program is unsafe or ineffective.”

Federal Trade Commission v. Bronson Partners, LLC (2011) ca2 “In this case, Bronson’s marketing of the diet tea and patch violated 15 U.S.C. § 52 , which makes it "unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement,” provided certain additional conditions are met.”

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— 15 U.S.C. § 52(b) — 1 case

Keele Hair & Scalp Specialists, Inc. v. Federal Trade Commission (1960) ca5

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