Before the attorney general commences an action pursuant to Section 4 [57-15-4 NMSA 1978] of this article he shall be required to give the person against whom such action is contemplated appropriate notice by certified mail and an opportunity to show either orally or in writing why such action should not be commenced. In such showing, said person may present, among other things, that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by the federal trade commission or any official department, division, commission or agency of this state.
History: 1953 Comp., § 49-12-3, enacted by Laws 1965, ch. 79, § 3.
Structure New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 15 - False Advertising
Section 57-15-1 - False advertising unlawful.
Section 57-15-2 - False advertising defined.
Section 57-15-3 - Notice of proposed action.
Section 57-15-4 - Civil penalty.
Section 57-15-5 - Injunctions to prevent violation.
Section 57-15-6 - Civil investigative demand.
Section 57-15-7 - Regulations.
Section 57-15-8 - Enforcement.