Title 56, TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

56:8-222 Findings, declarations relative to return of certain items purchased during a state of emergency. 1. a. The Legislature finds and declares that in response to the state of emergency and the public health emergency resulting from the COVID-19 pandemic, consumers have purc…

56:8-223 Definitions relative to the return of items purchased during a state of emergency. 2. As used in this act: "Groceries and other foodstuffs" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other be…

56:8-224 Unlawful practice, violation 3. It shall be an unlawful practice, and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any retail food store to accept the return of any groceries and other foodstuffs purchased by a consumer during, and for 30 days following, a declar…

56:8-225 Findings, declarations relative to third-party food takeout, delivery applications relative to restaurants. 1. The Legislature finds and declares that due to the current state of emergency declared in response to the COVID-19 pandemic, restaurants have been prohibited fr…

56:8-226 Limit on service fee. 2. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any third-party food takeout and delivery service application or Internet website, during and until the first day of the third month following any state …

56:8-226.1 Third-party restaurant reservation service, written agreement required. 1. a. As used in this act: “Food service establishment” means a place where food is provided for individual portion service directly to the consumer, whether that food is provided free of charge or…

56:8-227 Solicitation by nongovernmental entity, unlawful practice, violation. 1. a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to send a mailing which constitutes a solicitation by a nongovernmental entity for the purchas…

56:8-228 Advising, assisting, referring veterans benefits, compensation, limitations. 1. a. (1) No person shall receive compensation for advising or assisting any individual with regard to any veterans benefits matter, except as permitted under federal law. (2) No person shall re…

56:8-229 Class B firefighting foam containing intentionally added PFAS, use, sell, offer for sale, manufacture, distribution, prohibited, exceptions; definitions. 1. a. (1) Beginning two years after the effective date of P.L.2023, c.243 (C.56:8-229 et al.), no person shall use, o…

56:8-229.1 Definitions. 1. As used in this act: “Firefighting personal protective equipment” means any clothing or wearable items designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties that are designed for use in fire and rescue a…

56:8-229.2 Producer of firefighting personal protective equipment defined; selling equipment with intentionally added PFAS, required written notice. 2. a. For the purposes of this section, a person shall be considered a producer of a piece of firefighting personal protective equi…

56:8-229.3 Prohibition against sale of firefighting personal protective equipment containing intentionally added PFAS, exceptions. 3. a. Except as provided in subsection c. of this section, beginning two years after the effective date of this act, no person shall sell, offer for …

56:8-229.4 Liability not imposed, news media. 4. Nothing in this act shall be construed to impose liability on any news media that accept or publish advertising for any product that would otherwise be subject to the provisions of this act. L.2025, c.373, s.4.

56:8-23. Exposure or offer for sale at retail of consumer commodity; mark of price per measure It shall be an unlawful practice for any person to expose or offer for sale at retail any consumer commodities, except as specifically exempted by the director in accordance with sectio…

56:8-230 Definitions. 1. As used in this act: “Recovery residence” means a boarding house licensed by the Department of Community Affairs and which provides a sober living environment and alcohol- and drug-free living accommodations to individuals with substance use disorders, or…

56:8-231 Marketing materials to contain accurate, complete information. 2. Any marketing or advertising materials published or disseminated by a treatment provider or a recovery residence shall provide accurate and complete information, in plain language, and shall include: a. in…

56:8-232 Unlawful practices for treatment provider, recovery residence, penalties, damages. 3. a. It shall be an unlawful practice, pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), for a treatment provider or a recovery residence, as applicable, to: (1) make a false or misleading s…

56:8-233 Secondhand cellular telephone transactions, dealer, documentation, device identifier. 1. a. As used in this section: “Secondhand dealer” means any person who engages in the business of purchasing, selling, receiving, trading, consignment selling, or otherwise transferrin…

56:8-24. Unit pricing regulations; hearings; exemptions; retail establishments and commodities list The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may by regulation, and in each instance after public hearing, provide for the manner in …

56:8-25. Other regulations The director, pursuant to the provisions of the Administrative Procedures Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.), shall promulgate such other regulations as shall be necessary in his discretion to effectuate the purposes of this act. L.1975, c. 242…

56:8-26 Definitions. 1. As used in this act: a. "Director" means the director of the Division of Consumer Affairs in the Department of Law and Public Safety. b. "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety. c. "Person" means corpora…

56:8-27 Requirements for ticket broker. 2. No ticket broker shall engage in or continue in the business of reselling tickets for admission to a place of entertainment without meeting the following requirements: a. Owning, operating or maintaining a permanent office, branch office…

56:8-28 Application for registration, fee. 3. a. The division shall prepare and furnish to applicants for registration application forms and requirements prescribed by the director pertaining to the applications for and the issuance of certificates of registration to ticket broke…

56:8-29 Issuance of certificate of registration. 4. a. Within 120 days after receipt of the completed application, fee and bond, if any, and when the director is satisfied that the applicant has complied with all of the requirements of this act, the director shall grant and issue…

56:8-3. Investigation by attorney general; powers and duties When it shall appear to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by this act, or when he believes it to be in the public interest t…

56:8-3.1. Violations; penalty Upon receiving evidence of any violation of the provisions of chapter 39 of the laws of 1960, the Attorney General, or his designee, is empowered to hold hearings upon said violation and upon finding the violation to have been committed, to assess a …

56:8-30 Bond required to engage in business of reselling tickets as a ticket broker. 5. The director shall require the applicant for a certificate of registration to engage in the business of reselling tickets as a ticket broker to file with the application a bond in the amount o…

56:8-31. Revocation or suspension of license The director, after notice to the licensee and reasonable opportunity for the licensee to be heard, may revoke his license or may suspend his license for any period which the director deems proper, upon satisfactory proof that the lice…

56:8-32. Display of license; copies Immediately upon the receipt of the license issued pursuant to this act, the licensee shall display and maintain his license in a conspicuous place in his principal office for reselling tickets. He shall request copies of the license from the d…

56:8-33 Notification to purchaser of price of ticket, reselling of tickets limited. 8. a. The seller of a ticket shall notify a ticket purchaser of the purchase price of a ticket prior to the purchase of that ticket from that ticket seller by that purchaser. b. No reseller other …

56:8-34 Reselling of tickets prohibited in certain areas; reselling regulated. 9. a. No person shall resell or purchase with the intent to resell any ticket, in or on any street, highway, driveway, sidewalk, parking area, or common area owned by a place of entertainment in this S…

56:8-35 Special treatment prohibited. 10. Any person who gives or offers anything of value to an employee of a place of entertainment, in that employee's individual capacity, and not in that employee's capacity as an employee, in exchange for, or as an inducement to, special trea…

56:8-35.4 Use of digger unlawful. 12. It shall be an unlawful practice for a person to use a digger to acquire any ticket. L.2001,c.394,s.12.

56:8-35.5. Definitions relative to Internet ticket sales 1. a. As used in this section:"Internet domain name" means a globally unique, hierarchical reference to an Internet host or service, which is assigned through centralized Internet naming authorities and which is comprised o…

56:8-36. Rules and regulations The director, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement this act. L.1983, c. 135, s. 11.

56:8-37 Violations; penalties. 12. a. Any person who violates P.L.1983, c.135 (C.56:8-26 et seq.) shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.). b. In addition to any other penalty provided by law, any person who violates a…

56:8-38. Nonprofit or political organizations; application of act The provisions of this act shall not apply to any person who sells, raffles or otherwise disposes of the ticket for a bona fide nonprofit or political organization when the premium proceeds are devoted to the lawfu…

56:8-39. Definitions As used in this act: a. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. b. "Health club" means an establishment which devotes or will devote 40% or more of its square footage to providing services …

56:8-4. Additional powers. 4. a. To accomplish the objectives and to carry out the duties prescribed by this act, the Attorney General, in addition to other powers conferred upon him by this act, may issue subpoenas to any person, administer an oath or affirmation to any person, …

56:8-40. Registration Each person who sells or offers for sale health club services in this State shall register with the director on forms the director provides. The registration shall be renewed every two years. Upon the sale of the health club facility or a change in the major…

56:8-41. Security a. A person who sells or offers for sale health club services shall, for each health club facility operated in the State, maintain a bond issued by a surety authorized to transact business in this State or maintain an irrevocable letter of credit by a bank or ma…

56:8-42. Health club services contract; definitions. 4. a. Every contract for health club services shall be in writing. A copy of the written contract shall be given to the buyer at the time the buyer signs the contract. b. A health club services contract shall specifically set f…

56:8-42.1 Subscription service provider, health club services, online termination; definitions. 1. a. A subscription service provider selling subscription services online shall provide a consumer with an online option to initiate the termination of the subscription service entere…

56:8-43. Right of action a. A health club services contract shall not require the execution of any note or series of notes by the buyer which, if separately negotiated, will cut off as to third parties any right of action or defense which the buyer has against the health club. b.…

56:8-44. 25% limit A health club may not charge and accept a down payment exceeding 25% of the total contract price prior to opening the health club facility. L. 1987, c. 238, s. 6.

56:8-45. Contracts voidable a. Any health club services contract entered into in reliance upon any fraudulent or substantially and willfully false or misleading information, representation, notice or advertisement of the health club is voidable at the option of the buyer of the c…