75-29. Unfair and deceptive trade names; use of term "wholesale" in advertising, etc.
(a) No person, firm or corporation shall advertise the sale of its merchandise using the term "wholesale" with regard to its sale prices, except as such word may appear in the company or firm name, unless such advertised sale or sales is, or are, to a customer or customers having a certificate of resale issued pursuant to G.S. 105-164.28 and recorded as required by G.S. 105-164.25 or unless the wholesale price is established by an independent agency not engaged in the manufacture, distribution or sale of such merchandise.
No person, firm or corporation shall utilize in any commercial transaction a company or firm name which contains the word "wholesale" unless such person, firm or corporation is engaged principally in sales at wholesale as defined in G.S. 105-164.3. For the purposes of determining whether sales are made principally at wholesale or retail, all sales to employees of any such person, firm or corporation, all sales to organizations subject to refunds pursuant to G.S. 105-164.14 through G.S. 105-164.14B and all exempt sales pursuant to G.S. 105-164.13 shall be considered sales at wholesale. Sales of merchandise for delivery by the seller to the purchaser at a location other than the seller's place of business shall be considered sales at wholesale for the purposes of this section.
(b) The violation of any provision of this section shall be considered an unfair trade practice, as prohibited by G.S. 75-1.1.
(c) This section shall not apply to the sales of farm products, fertilizers, insecticides, pesticides or petroleum. (1973, c. 1392, ss. 1, 2; 2010-166, s. 3.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 75 - Monopolies, Trusts and Consumer Protection
Article 1 - General Provisions.
§ 75-1 - Combinations in restraint of trade illegal.
§ 75-1.1 - Methods of competition, acts and practices regulated; legislative policy.
§ 75-2 - Any restraint in violation of common law included.
§ 75-2.1 - Monopolizing and attempting to monopolize prohibited.
§ 75-4 - Contracts to be in writing.
§ 75-8 - Continuous violations separate offenses.
§ 75-9 - Duty of Attorney General to investigate.
§ 75-10 - Power to compel examination.
§ 75-11 - Person examined exempt from prosecution.
§ 75-12 - Refusal to furnish information; false swearing.
§ 75-13 - Criminal prosecution; district attorneys to assist; expenses.
§ 75-14 - Action to obtain mandatory order.
§ 75-15 - Actions prosecuted by Attorney General.
§ 75-15.1 - Restoration of property and cancellation of contract.
§ 75-16 - Civil action by person injured; treble damages.
§ 75-16.2 - Limitation of actions.
§ 75-17 - Lender may not require borrower to deal with particular insurer.
§ 75-18 - Lender may require nondiscriminatory approval of insurer.
§ 75-19 - Violators subject to fine and injunction.
§ 75-20 - Unsolicited checks to secure loans.
§ 75-27 - Unsolicited merchandise.
§ 75-28 - Unauthorized disclosure of tax information; violation a Class 1 misdemeanor.
§ 75-29 - Unfair and deceptive trade names; use of term "wholesale" in advertising, etc.
§ 75-31 - Work-at-home solicitations.
§ 75-32 - Representation of winning a prize.
§ 75-33 - Representation of eligibility to win a prize.
§ 75-34 - Representation of being specially selected.
§ 75-35 - Simulation of checks and invoices.
§ 75-37 - Declaration of State public policy.
§ 75-39 - Conditioning services on electric service prohibited.
§ 75-40 - Deadline for mailing consumer rebates.
§ 75-41 - Contracts with automatic renewal clauses.
§ 75-43 - Solicitation of a fee for copy of recorded documents.