Subdivision 1. Acts constituting. A person engages in a deceptive trade practice when, in the course of business, vocation, or occupation, the person:
(1) passes off goods or services as those of another;
(2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
(3) causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another;
(4) uses deceptive representations or designations of geographic origin in connection with goods or services;
(5) represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have;
(6) represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;
(7) represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(8) disparages the goods, services, or business of another by false or misleading representation of fact;
(9) advertises goods or services with intent not to sell them as advertised;
(10) advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(11) makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
(12) in attempting to collect delinquent accounts, implies or suggests that health care services will be withheld in an emergency situation; or
(13) engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.
Subd. 2. Proof. In order to prevail in an action under sections 325D.43 to 325D.48, a complainant need not prove competition between the parties or actual confusion or misunderstanding.
Subd. 3. Other law. This section does not affect unfair, deceptive, or misleading trade practices otherwise actionable at common law or under other statutes of this state.
1973 c 216 s 2; 1986 c 444; 1988 c 592 s 11
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325D — Restraint Of Trade
Section 325D.01 — Definitions.
Section 325D.02 — Application.
Section 325D.03 — Discrimination Unlawful.
Section 325D.04 — Selling Below Cost Forbidden.
Section 325D.05 — Bankrupt Sales Not To Be Considered In Fixing Costs.
Section 325D.06 — Inapplicable Sales.
Section 325D.07 — Remedies Cumulative.
Section 325D.071 — Violations; Penalties.
Section 325D.072 — Injunctive Relief.
Section 325D.09 — Unlawful Trade Practices.
Section 325D.10 — Definitions.
Section 325D.11 — Certain Unlawful Trade Practices.
Section 325D.12 — Retailers Not To Misrepresent Nature Of Business.
Section 325D.13 — Quality, Misrepresented.
Section 325D.14 — Employer Not To Dispose Of Other Than Own Products.
Section 325D.15 — Violations; Restraining Orders.
Section 325D.16 — Application.
Section 325D.30 — Minnesota Unfair Cigarette Sales Act; Findings And Policy.
Section 325D.32 — Definitions.
Section 325D.33 — Sales At Less Than Cost; Penalty.
Section 325D.34 — Combination Sales.
Section 325D.35 — Sales By A Wholesaler To A Wholesaler.
Section 325D.36 — Sales Exceptions.
Section 325D.37 — Transactions Permitted To Meet Lawful Competition.
Section 325D.371 — Publication Of Cigarette Prices.
Section 325D.38 — Admissible Evidence.
Section 325D.39 — Sales Outside Ordinary Channels Of Business; Effect.
Section 325D.405 — Investigations.
Section 325D.415 — Cigarette Distributor Fees.
Section 325D.42 — Partial Unconstitutionality.
Section 325D.421 — Unlawful Cigarette Trade Practices.
Section 325D.43 — Definitions.
Section 325D.44 — Deceptive Trade Practices.
Section 325D.46 — Application.
Section 325D.47 — Uniformity Of Application And Construction.
Section 325D.50 — Definitions.
Section 325D.51 — Unreasonable Restraint Of Trade Or Commerce.
Section 325D.52 — Establishment, Maintenance, Or Use Of Monopoly Power.
Section 325D.53 — Prohibited Contracts, Combinations, And Conspiracies.
Section 325D.54 — Scope Of Act.
Section 325D.56 — Penalties For Violation.
Section 325D.58 — Injunctive Relief.
Section 325D.59 — Authority Of The Attorney General.
Section 325D.60 — Forfeiture Of Charter Rights And Privilege To Do Business.
Section 325D.62 — Judgment In Favor Of State As Prima Facie Evidence.
Section 325D.63 — Notification Of Civil Action.
Section 325D.64 — Statute Of Limitations.
Section 325D.66 — Action Not Barred As Affecting Or Involving Interstate Or Foreign Commerce.
Section 325D.68 — Monopolization Of Food Products.
Section 325D.71 — Unlawful Gasoline Sales.
Section 325D.72 — Bad Faith Assertions Of Patent Infringement.