{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-216.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-216.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-216.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-216.html"}],"law_id":67373,"edition_id":1,"section_id":67373,"structure_id":14926,"section_number":"18.2-216","catch_line":"Untrue, deceptive or misleading advertising, inducements, writings or documents","history":"Code 1950, \u00a7 59.1-44; 1968, c. 439; 1975, cc. 14, 15, 507; 2005, c. 150; 2014, cc. 650, 696.","full_text":"A\n\nAny person, firm, corporation or association who, with intent to sell or in anywise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any 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, in a newspaper or other publications, or in the form of a book, notice, handbill, poster, blueprint, map, bill, tag, label, circular, pamphlet or letter or in any other way, an advertisement of any sort regarding merchandise, securities, service, land, lot or anything so offered to the public, which advertisement contains any promise, assertion, representation or statement of fact which is untrue, deceptive or misleading, or uses any other method, device or practice which is fraudulent, deceptive or misleading to induce the public to enter into any obligation, shall be guilty of a Class 1 misdemeanor.\n\t\t\tThe actions prohibited in this section, shall be construed as including (i) the advertising in any manner by any person of any goods, wares or merchandise as a bankrupt stock, receiver’s stock or trustee’s stock, if such stock contains any goods, wares or merchandise put therein subsequent to the date of the purchase by such advertiser of such stock, and if such advertisement of any such stock fail to set forth the fact that such stock contains other goods, wares or merchandise put therein, subsequent to the date of the purchase by such advertiser of such stock in type as large as the type used in any other part of such advertisement, including the caption of the same, it shall be a violation of this section; and (ii) the use of any writing or document which appears to be, but is not in fact a negotiable check, negotiable draft or other negotiable instrument unless the writing clearly and conspicuously, in at least 14-point bold type, bears the phrase “THIS IS NOT A CHECK” printed on its face.B\n\nAn allegation made by a plaintiff in a civil pleading that a defendant real estate licensee has violated this section shall be stated with particularity.","order_by":null,"text":{"0":{"id":244134,"text":"Any person, firm, corporation or association who, with intent to sell or in anywise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any 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, in a newspaper or other publications, or in the form of a book, notice, handbill, poster, blueprint, map, bill, tag, label, circular, pamphlet or letter or in any other way, an advertisement of any sort regarding merchandise, securities, service, land, lot or anything so offered to the public, which advertisement contains any promise, assertion, representation or statement of fact which is untrue, deceptive or misleading, or uses any other method, device or practice which is fraudulent, deceptive or misleading to induce the public to enter into any obligation, shall be guilty of a Class 1 misdemeanor.\n\t\t\tThe actions prohibited in this section, shall be construed as including (i) the advertising in any manner by any person of any goods, wares or merchandise as a bankrupt stock, receiver’s stock or trustee’s stock, if such stock contains any goods, wares or merchandise put therein subsequent to the date of the purchase by such advertiser of such stock, and if such advertisement of any such stock fail to set forth the fact that such stock contains other goods, wares or merchandise put therein, subsequent to the date of the purchase by such advertiser of such stock in type as large as the type used in any other part of such advertisement, including the caption of the same, it shall be a violation of this section; and (ii) the use of any writing or document which appears to be, but is not in fact a negotiable check, negotiable draft or other negotiable instrument unless the writing clearly and conspicuously, in at least 14-point bold type, bears the phrase “THIS IS NOT A CHECK” printed on its face.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244135,"text":"An allegation made by a plaintiff in a civil pleading that a defendant real estate licensee has violated this section shall be stated with particularity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14926,"edition_id":1,"name":"Misrepresentations and Other Offenses Connected With Sales","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":13358,"metadata":{},"date_created":"2026-06-26 03:50:50","date_modified":"2026-06-26 03:50:50","permalink":{"id":166333,"object_type":"structure","relational_id":14926,"identifier":"8","token":"18.2\/6\/8","url":"\/18.2\/6\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13358,"edition_id":1,"name":"Crimes Involving Fraud","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":165933,"object_type":"structure","relational_id":13358,"identifier":"6","token":"18.2\/6","url":"\/18.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56967,"structure_id":14926,"section_number":"18.2-214","catch_line":"Changing or removing, etc., trademarks, identification marks, etc","url":"\/18.2-214\/","token":"18.2\/6\/8\/18.2-214","metadata":false},{"id":82948,"structure_id":14926,"section_number":"18.2-214.1","catch_line":"Penalties for failure to report removal or alteration of identification or serial number on business machines","url":"\/18.2-214.1\/","token":"18.2\/6\/8\/18.2-214.1","metadata":false},{"id":68648,"structure_id":14926,"section_number":"18.2-215","catch_line":"Removal or alteration of identification numbers on household electrical appliances; possession of such appliances","url":"\/18.2-215\/","token":"18.2\/6\/8\/18.2-215","metadata":false},{"id":67373,"structure_id":14926,"section_number":"18.2-216","catch_line":"Untrue, deceptive or misleading advertising, inducements, writings or documents","url":"\/18.2-216\/","token":"18.2\/6\/8\/18.2-216","metadata":false},{"id":60772,"structure_id":14926,"section_number":"18.2-216.1","catch_line":"Unauthorized use of name or picture of any person; punishment","url":"\/18.2-216.1\/","token":"18.2\/6\/8\/18.2-216.1","metadata":false},{"id":74276,"structure_id":14926,"section_number":"18.2-217","catch_line":"Advertising merchandise, etc., for sale with intent not to sell at price or terms advertised; prima facie evidence of violation","url":"\/18.2-217\/","token":"18.2\/6\/8\/18.2-217","metadata":false},{"id":75186,"structure_id":14926,"section_number":"18.2-218","catch_line":"Failure to indicate goods, etc., are \"seconds,\" \"irregulars,\" \"secondhand,\" etc","url":"\/18.2-218\/","token":"18.2\/6\/8\/18.2-218","metadata":false},{"id":64605,"structure_id":14926,"section_number":"18.2-219","catch_line":"Repealed","url":"\/18.2-219\/","token":"18.2\/6\/8\/18.2-219","metadata":false},{"id":64882,"structure_id":14926,"section_number":"18.2-220","catch_line":"Use of word \"wholesale\" or \"wholesaler.\"","url":"\/18.2-220\/","token":"18.2\/6\/8\/18.2-220","metadata":false},{"id":66715,"structure_id":14926,"section_number":"18.2-221","catch_line":"Advertising new or used automobiles or trucks","url":"\/18.2-221\/","token":"18.2\/6\/8\/18.2-221","metadata":false},{"id":75297,"structure_id":14926,"section_number":"18.2-222","catch_line":"Misrepresentation as to source of merchandise; penalty","url":"\/18.2-222\/","token":"18.2\/6\/8\/18.2-222","metadata":false},{"id":86176,"structure_id":14926,"section_number":"18.2-223","catch_line":"\"Going out of business\" sales; permit required","url":"\/18.2-223\/","token":"18.2\/6\/8\/18.2-223","metadata":false},{"id":74974,"structure_id":14926,"section_number":"18.2-224","catch_line":"\"Going out of business\" sales; counties, cities and towns to issue permits; inspections; application for permit; inventory required; commingling of other goods prohibited; duration; additional permits; inclusion of permit number and dates in advertisements; fee","url":"\/18.2-224\/","token":"18.2\/6\/8\/18.2-224","metadata":false},{"id":58121,"structure_id":14926,"section_number":"18.2-225","catch_line":"Misrepresentations as to agricultural products","url":"\/18.2-225\/","token":"18.2\/6\/8\/18.2-225","metadata":false},{"id":64895,"structure_id":14926,"section_number":"18.2-226","catch_line":"Fraud and misrepresentation in sale of liquid fuels, lubricating oils and similar products","url":"\/18.2-226\/","token":"18.2\/6\/8\/18.2-226","metadata":false},{"id":71529,"structure_id":14926,"section_number":"18.2-227","catch_line":"Same; sale from pump indicating other brand","url":"\/18.2-227\/","token":"18.2\/6\/8\/18.2-227","metadata":false},{"id":77793,"structure_id":14926,"section_number":"18.2-228","catch_line":"Same; imitating indicia of other brands","url":"\/18.2-228\/","token":"18.2\/6\/8\/18.2-228","metadata":false},{"id":76918,"structure_id":14926,"section_number":"18.2-229","catch_line":"Same; false trade name or mixing brands","url":"\/18.2-229\/","token":"18.2\/6\/8\/18.2-229","metadata":false},{"id":77965,"structure_id":14926,"section_number":"18.2-230","catch_line":"Same; assisting in violation of \u00a7\u00a7 18.2-226 through 18.2-229","url":"\/18.2-230\/","token":"18.2\/6\/8\/18.2-230","metadata":false},{"id":84281,"structure_id":14926,"section_number":"18.2-231","catch_line":"Same; label required","url":"\/18.2-231\/","token":"18.2\/6\/8\/18.2-231","metadata":false},{"id":71104,"structure_id":14926,"section_number":"18.2-232","catch_line":"Same; punishment for violation of \u00a7\u00a7 18.2-226 through 18.2-231","url":"\/18.2-232\/","token":"18.2\/6\/8\/18.2-232","metadata":false},{"id":82796,"structure_id":14926,"section_number":"18.2-233","catch_line":"Sale of goods marked \"sterling\" and \"sterling silver.\"","url":"\/18.2-233\/","token":"18.2\/6\/8\/18.2-233","metadata":false},{"id":87312,"structure_id":14926,"section_number":"18.2-234","catch_line":"Sale of goods marked \"coin\" and \"coin silver.\"","url":"\/18.2-234\/","token":"18.2\/6\/8\/18.2-234","metadata":false},{"id":58096,"structure_id":14926,"section_number":"18.2-235","catch_line":"Regulating sale of merchandise made of gold","url":"\/18.2-235\/","token":"18.2\/6\/8\/18.2-235","metadata":false},{"id":71037,"structure_id":14926,"section_number":"18.2-236","catch_line":"Repealed","url":"\/18.2-236\/","token":"18.2\/6\/8\/18.2-236","metadata":false},{"id":73398,"structure_id":14926,"section_number":"18.2-237","catch_line":"Buying, etc., certain secondhand materials; intent; possession","url":"\/18.2-237\/","token":"18.2\/6\/8\/18.2-237","metadata":false},{"id":57637,"structure_id":14926,"section_number":"18.2-238","catch_line":"Buying, etc., pig iron, etc., with intent to defraud; possession; evidence of intent","url":"\/18.2-238\/","token":"18.2\/6\/8\/18.2-238","metadata":false},{"id":66246,"structure_id":14926,"section_number":"18.2-239","catch_line":"Pyramid promotional schemes; misdemeanor; definitions; contracts void","url":"\/18.2-239\/","token":"18.2\/6\/8\/18.2-239","metadata":false},{"id":61630,"structure_id":14926,"section_number":"18.2-240","catch_line":"Same; injunction","url":"\/18.2-240\/","token":"18.2\/6\/8\/18.2-240","metadata":false},{"id":81679,"structure_id":14926,"section_number":"18.2-241","catch_line":"Acceptance of promissory notes in payment for food sold at retail","url":"\/18.2-241\/","token":"18.2\/6\/8\/18.2-241","metadata":false},{"id":71800,"structure_id":14926,"section_number":"18.2-242","catch_line":"Use of games, lotteries, etc., for promoting sale of certain products","url":"\/18.2-242\/","token":"18.2\/6\/8\/18.2-242","metadata":false},{"id":67303,"structure_id":14926,"section_number":"18.2-242.1","catch_line":"Certain referral transactions in connection with consumer sales or leases prohibited; effect of such transactions","url":"\/18.2-242.1\/","token":"18.2\/6\/8\/18.2-242.1","metadata":false},{"id":79206,"structure_id":14926,"section_number":"18.2-243","catch_line":"When issuer or distributor of advertisements not guilty of violation; inadvertent error","url":"\/18.2-243\/","token":"18.2\/6\/8\/18.2-243","metadata":false},{"id":70417,"structure_id":14926,"section_number":"18.2-244","catch_line":"Right to select clientele or customers not affected","url":"\/18.2-244\/","token":"18.2\/6\/8\/18.2-244","metadata":false},{"id":65577,"structure_id":14926,"section_number":"18.2-245","catch_line":"Enjoining violation of this article","url":"\/18.2-245\/","token":"18.2\/6\/8\/18.2-245","metadata":false},{"id":73290,"structure_id":14926,"section_number":"18.2-246","catch_line":"Penalty in general for violations","url":"\/18.2-246\/","token":"18.2\/6\/8\/18.2-246","metadata":false}],"previous_section":{"id":68648,"structure_id":14926,"section_number":"18.2-215","catch_line":"Removal or alteration of identification numbers on household electrical appliances; possession of such appliances","url":"\/18.2-215\/","token":"18.2\/6\/8\/18.2-215","metadata":false},"next_section":{"id":60772,"structure_id":14926,"section_number":"18.2-216.1","catch_line":"Unauthorized use of name or picture of any person; punishment","url":"\/18.2-216.1\/","token":"18.2\/6\/8\/18.2-216.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-216\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 439; in 1975, chapters 14, 15, and 507; in 2005, chapter 150<\/a>; in 2014, chapters 650<\/a> and 696<\/a>.<\/p>","references":[{"id":70964,"section_number":"38.2-4927","catch_line":"Untrue, deceptive, or misleading advertising","order_by":null,"url":"\/38.2-4927\/"}],"refers_to":false,"permalink":{"id":166347,"object_type":"law","relational_id":67373,"identifier":"18.2-216","token":"18.2\/6\/8\/18.2-216","url":"\/18.2-216\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-216\/","token":"18.2\/6\/8\/18.2-216","dublin_core":{"Title":"Untrue, deceptive or misleading advertising, inducements, writings or documents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-216","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person, firm, corporation or association who, with intent<\/span> to sell or in anywise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution or with intent<\/span> to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any 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, in a newspaper or other publications, or in the form of a book, notice, handbill, poster, blueprint, map, bill, tag, label, circular, pamphlet or letter or in any other way, an advertisement of any sort regarding merchandise, securities, service, land, lot or anything so offered to the public, which advertisement contains any promise, assertion, representation or statement of fact<\/span> which is untrue, deceptive or misleading, or uses any other method, device or practice which is fraudulent, deceptive or misleading to induce the public to enter into any obligation, shall be guilty of a Class 1 misdemeanor<\/span>.\n\t\t\tThe actions prohibited in this section, shall be construed as including (i) the advertising in any manner by any person of any goods, wares or merchandise as a bankrupt stock, receiver’s stock or trustee’s stock, if such stock contains any goods, wares or merchandise put therein subsequent to the date of the purchase by such advertiser of such stock, and if such advertisement of any such stock fail to set forth the fact<\/span> that such stock contains other goods, wares or merchandise put therein, subsequent to the date of the purchase by such advertiser of such stock in type as large as the type used in any other part of such advertisement, including the caption of the same, it shall be a violation of this section; and (ii) the use of any writing or document which appears to be, but is not in fact<\/span> a negotiable check, negotiable draft or other negotiable instrument unless the writing clearly and conspicuously, in at least 14-point bold type, bears the phrase “THIS IS NOT A CHECK<\/span>” printed on its face. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An allegation<\/span> made by a plaintiff<\/span> in a civil pleading that a defendant<\/span> real estate licensee has violated this section shall be stated with particularity. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNTRUE, DECEPTIVE OR MISLEADING ADVERTISING, INDUCEMENTS, WRITINGS OR DOCUMENTS\n(\u00a7 18.2-216)\n\nA. Any person, firm, corporation or association who, with intent to sell or in\nanywise dispose of merchandise, securities, service or anything offered by such\nperson, firm, corporation or association, directly or indirectly, to the public\nfor sale or distribution or with intent to increase the consumption thereof, or\nto induce the public in any manner to enter into any obligation relating\nthereto, or to acquire title thereto, or any interest therein, makes, publishes,\ndisseminates, circulates or places before the public, or causes, directly or\nindirectly to be made, published, disseminated, circulated or placed before the\npublic, in a newspaper or other publications, or in the form of a book, notice,\nhandbill, poster, blueprint, map, bill, tag, label, circular, pamphlet or letter\nor in any other way, an advertisement of any sort regarding merchandise,\nsecurities, service, land, lot or anything so offered to the public, which\nadvertisement contains any promise, assertion, representation or statement of\nfact which is untrue, deceptive or misleading, or uses any other method, device\nor practice which is fraudulent, deceptive or misleading to induce the public to\nenter into any obligation, shall be guilty of a Class 1 misdemeanor.\n\t\t\tThe actions prohibited in this section, shall be construed as including (i)\nthe advertising in any manner by any person of any goods, wares or merchandise\nas a bankrupt stock, receiver’s stock or trustee’s stock, if such\nstock contains any goods, wares or merchandise put therein subsequent to the\ndate of the purchase by such advertiser of such stock, and if such advertisement\nof any such stock fail to set forth the fact that such stock contains other\ngoods, wares or merchandise put therein, subsequent to the date of the purchase\nby such advertiser of such stock in type as large as the type used in any other\npart of such advertisement, including the caption of the same, it shall be a\nviolation of this section; and (ii) the use of any writing or document which\nappears to be, but is not in fact a negotiable check, negotiable draft or other\nnegotiable instrument unless the writing clearly and conspicuously, in at least\n14-point bold type, bears the phrase “THIS IS NOT A CHECK” printed\non its face.\n\nB. An allegation made by a plaintiff in a civil pleading that a defendant real\nestate licensee has violated this section shall be stated with particularity.\n\nHISTORY: Code 1950, \u00a7 59.1-44; 1968, c. 439; 1975, cc. 14, 15, 507; 2005, c.\n150; 2014, cc. 650, 696.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}