Legal Hotline - Advertising
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to ascertain whether or not there has been any subsequent change or
supplementation to the law since the date of the opinion.
Answers provided by
May 2, 2006
I have an advertiser trying to place an ad for Housing to Share. Is
he allowed to say, "Gay couple with renovated home, seek full time
roommate"? I believe they can say this because it is in their home.
Please let me know what the law says.
know you need an answer
quickly, so here are excerpts from both the state and federal law on
discrimination in housing. It is my understanding that the rental
unit at issue is a room in a single family home, and that the owners
of the home also live in the house. If that is the case, the answer
is that the ad is fine.
In summary, under the New Jersey State Law
Against Discrimination, except as to publicly-assisted housing
accommodations, the provisions of the act shall not apply to the
rental: of a room or rooms to another person or persons by the owner
or occupant of a one-family dwelling occupied by the owner or
occupant as a residence at the time of such rental.
Under the Federal Fair Housing Act,
"domestic partnership status" and "affectional or sexual
orientation" are not protected classes as they are under the NJ
State Law Against Discrimination and, therefore, are not covered by
the prohibitions contained in the federal Fair Housing Act.
N.J.S.A. 10:5-12 Unlawful employment practices,
11. It shall be an unlawful employment practice, or, as
the case may be, an unlawful discrimination: ...
g. For any person, including
but not limited to, any owner, lessee, sublessee, assignee or
managing agent of, or other person having the right of ownership or
possession of or the right to sell, rent, lease, assign, or sublease
any real property or part or portion thereof, or any agent or
employee of any of these:
refuse to sell, rent, lease, assign, or sublease or otherwise to
deny to or withhold from any person or group of persons any real
property or part or portion thereof because of race, creed, color,
national origin, ancestry, marital status, domestic partnership
status, sex, affectional or sexual orientation, familial status,
disability, nationality, or source of lawful income used for rental
or mortgage payments;
discriminate against any person or group of persons because of race,
creed, color, national origin, ancestry, marital status, domestic
partnership status, sex, affectional or sexual orientation, familial
status, disability, nationality or source of lawful income used for
rental or mortgage payments in the terms, conditions or privileges
of the sale, rental or lease of any real property or part or portion
thereof or in the furnishing of facilities or services in connection
print, publish, circulate, issue, display, post or mail, or cause to
be printed, published, circulated, issued, displayed, posted or
mailed any statement, advertisement, publication or sign, or to use
any form of application for the purchase, rental, lease, assignment
or sublease of any real property or part or portion thereof, or to
make any record or inquiry in connection with the prospective
purchase, rental, lease, assignment, or sublease of any real
property, or part or portion thereof which expresses, directly or
indirectly, any limitation, specification or discrimination as to
race, creed, color, national origin, ancestry, marital status,
domestic partnership status, sex, affectional or sexual orientation,
familial status, disability, nationality, or source of lawful income
used for rental or mortgage payments, or any intent to make any such
limitation, specification or discrimination, and the production of
any such statement, advertisement, publicity, sign, form of
application, record, or inquiry purporting to be made by any such
person shall be presumptive evidence in any action that the same was
authorized by such person; provided, however, that nothing contained
in this subsection shall be construed to bar any person from
refusing to sell, rent, lease, assign or sublease or from
advertising or recording a qualification as to sex for any room,
apartment, flat in a dwelling or residential facility which is
planned exclusively for and occupied by individuals of one sex to
any individual of the exclusively opposite sex on the basis of sex;
refuse to sell, rent, lease, assign, or sublease or otherwise to
deny to or withhold from any person or group of persons any real
property or part or portion thereof because of the source of any
lawful income received by the person or the source of any lawful
rent payment to be paid for the real property; or
refuse to rent or lease any real property to another person because
that person's family includes children under 18 years of age, or to
make an agreement, rental or lease of any real property which
provides that the agreement, rental or lease shall be rendered null
and void upon the birth of a child. This paragraph shall not apply
to housing for older persons as defined in subsection mm. of section
5 of P.L.1945, c.169 (C.10:5-5).
N.J.S.A. 10:5-5 Definitions relative
n. The term "real property"
includes real estate, lands, tenements and hereditaments, corporeal
and incorporeal, and leaseholds, provided, however, that, except as
to publicly assisted housing accommodations, the provisions of this
act shall not apply to the rental:
a single apartment or flat in a two-family dwelling, the other
occupancy unit of which is occupied by the owner as a residence; or
a room or rooms to another person or persons by the owner or
occupant of a one-family dwelling occupied by the owner or occupant
as a residence at the time of such rental. Nothing herein contained
shall be construed to bar any religious or denominational
institution or organization, or any organization operated for
charitable or educational purposes, which is operated, supervised or
controlled by or in connection with a religious organization, in the
sale, lease or rental of real property, from limiting admission to
or giving preference to persons of the same religion or denomination
or from making such selection as is calculated by such organization
to promote the religious principles for which it is established or
maintained. Nor does any provision under this act regarding
discrimination on the basis of familial status apply with respect to
housing for older persons.
42 U.S.C. Section 3604
As made applicable by section 3603 of this title and except as
exempted by sections 3603(b) and 3607 of this title, it shall be
(a) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny, a dwelling to any person because
of race, color, religion, sex, familial status, or national origin.
April 4, 2006
Can an advertisement for employment specifically state that only a
non-smoker is wanted?
No. N.J.S.A. 34:6B-1 provides: Smoking, use of tobacco
products shall not affect employment
employer shall refuse to hire or employ any person or shall
discharge from employment or take any adverse action against any
employee with respect to compensation, terms, conditions or other
privileges of employment because that person does or does not smoke
or use other tobacco products, unless the employer has a rational
basis for doing so which is reasonably related to the employment,
including the responsibilities of the employee or prospective
Dec. 14, 2004
Is a homeowner who places an ad for rental of a single family home
required to include the location of the dwelling (the town) or the
No. The rules for advertising that require the inclusion of the name
of the town only apply to licensed real estate brokers.
Aug. 26, 2004
May an advertiser run several ads for the same product in different
newspapers listing different prices in each ad?
This practice would probably be a violation of the consumer fraud
Aug. 2, 2004
The NJPA list of words to watch in housing ads lists “Section 8” as
a “use caution” term. Why is that?
If the term is used in an exclusionary fashion, such as “no Section
8,” it would be improper. However, if it is used as inclusionary
such as “Section 8 welcome” it is permitted.
April 19, 2004
A group of business people want to run an advertisement urging
citizens to contact their state representative to oppose a Bill to
limit building in certain areas. Must this ad carry the “paid by”
No. Only ads supporting or opposing candidates or public questions
(questions on the ballot for voter approval) need the “paid by”
April 8, 2004
When is the “paid for by” designation required in political ads?
The “paid for by” must be included in all ads promoting the election
of any candidate or promoting the passage or defeat of any public
question by or on behalf of any organized political group. An
advertisement by an individual not associated with any such group
need not include the “paid for by” but must state it is not prepared
with the cooperation or consent of the candidate. NJSA 19:44A:22.3.
March 9, 2004
Must an advertiser who wishes to run an ad to purchase weapons
include his license number in the advertisement?
No, the law does not require it.
March 3, 2004
May the newspaper run an ad for a raffle? If so, is there certain
information that must be included in the ad?
Yes, the newspaper may run the ad but it must contain: the name of
the organization, the id number issued by the state, the license
number issued by the municipality, the date, time and place of the
allotment of the prize(s), an accurate description of the prize(s),
the current retail value of the prize(s), the purpose to which the
entire net proceeds are to be devoted, and the price of the ticket.
Feb. 19, 2004
If a newspaper wants to run and article about how the media is
covering the anniversary of a historic event, may it run a copy of
the cover of another publication with the article?
A publication is copyrighted at the moment it is created so the
copyright laws would apply. However, there is an exception in the
copyright law for “fair use.” Fair use includes use in a news
article or commentary. The publication should therefore be
Jan. 8, 2004
The publication requirement for planning/zoning applications states:
“public notice shall be given by publication in the official
newspaper of the municipality, if there be one, or in a newspaper of
general circulation in the municipality.” NJSA 40:55D-12. Does this
language create a choice of publications?
Only where there is no official newspaper. The words “if there be
one” indicate that publication in any other newspaper should be made
when there is no official newspaper. Statutes are to be interpreted
to give meaning to all the words in the statute. If there was a
choice then the words “if there be one” would have no meaning.
Nov. 20, 2003
While advertisers are not permitted to say “BYOB” in an ad, is it
permissible to say in a written review of the restaurant that it has
no liquor license?
Yes. A review is an editorial description and the prohibition is
limited to ads.
Nov. 5, 2003
Can a night club advertise “specially priced drinks”?
Yes. The regulations prohibit the advertising of drinks for a cost
less than wholesale but “specially priced” is permissible.
Oct. 16, 2003
Is there any legal problem with the newspaper reviewing ad
placements by local businesses on the Internet and contacting those
advertisers to place ads in the newspaper?
There is no legal prohibition on contacting businesses you see
Oct. 8, 2003
May an advertiser say “ideal for students” or does that imply an age
“Ideal for” always raises a red flag and should generally be avoided
unless the ad says “ideal for people looking for a few hours a week”
or something equally generic. The ad should be phrased to describe
the job and not a type of person who might fit the job. “Ideal for
students” should be avoided.
July 16, 2003
Where is a public auction of motor vehicles to be advertised?
If the State is selling stolen motor vehicles it recovered, the sale
must be published in a newspaper published and circulating in the
State. If it is a sale of abandoned motor vehicles by the State or a
municipality it must be published in a newspaper published in the
state and circulating in the municipality where the vehicle is held.
If the sale is by a private garage/repair facility it must be
advertised in the municipality where the garage is located.
March 20, 2003
Do the regulations related to motor vehicle advertising apply to
both retail and classified ads?
The regulations apply to anyone who is in the regular business of
selling motor vehicles and to any person who sells more than three
motor vehicles in a calendar year, regardless of the type of ad.
Feb. 28, 2003
Is an advertiser who is selling a rifle or shotgun through a
classified ad required to state in the ad that the purchaser must
have a valid state identification card?
No. The language is required if the advertiser is selling machine
guns, semi-automatic rifles, or assault weapons. NJSA 2C:39-15.
June 23, 2003
May a newspaper run an ad for the purchase of fireworks in another
No. NJSA 21:3-2 states: “It shall be unlawful for any person to
offer for sale, expose for sale, sell, possess or use...” fireworks.
Although it is unclear whether or not the newspapers would be liable
under this state, the terms “offer for sale” and “expose for sale”
are sufficiently broad to permit a charge against the newspaper.
June 9, 2003
May an outdoor fundraiser picnic advertise that participants can
“BYOB” beer and wine?
No. The state strictly prohibits any “BYOB” ads.
June 4, 2003
The newspaper offers a small discount to advertising agencies who
procure ads. If a candidate for office uses an agency to place ads
and charges the agency less than it would charge if the candidate
directly placed the ad, would the newspaper be providing a “gift” to
the candidate using the agency?
No, so long as the discounted rate is available to any candidate who
uses an agency. In addition the newspaper can not know what rate the
candidate is paying the agency, the agency may be charging more than
the direct placement rate.
Oct. 24, 2002
May a municipality place an advertisement urging its citizens to
approve/defeat a referendum?
Yes. The New Jersey Supreme Court has held that such expenditure by
the municipality is permissible. City Affairs Committed of Jersey
City v. Board of Commissioners of Jersey City, 132 N.J.L. 552
Oct. 11, 2002
May a newspaper refuse to run an advertisement?
Yes, provided the newspaper's policy of refusing ads is not
discriminatory against a particular group or minority.
Oct. 10, 2002
In retail sales installment ads, are disclosures regarding the
interest rate required?
We find no regulations requiring such disclosures in retail sales
Oct. 8, 2002
Are advertisements protected by the newsperson's privilege?
No, the privilege applies only to the gathering of "news."
Oct. 2, 2002
May a newspaper run an advertisement from a customer seeking a
There is no prohibition on such an ad so long as the individual
purchasing the ad is not offering to buy the kidney. Reimbursement
of expenses incurred is permitted.
A business wants to run an ad that asserts it won a civil suit against a
competitor and thank the area residents who supported him throughout the
litigation. Is this permissible?
Yes. However the newspaper should seek confirmation that any factual
assertions in the ad are true.
Are there prohibitions on a merchant
advertising free lottery tickets will be given to purchasers?
Research reveals no
prohibition on the giving away of free lottery tickets or the
advertising of the giveaway.
he or she smokes.
May an employment ad say "non-smokers only?"
No. Under NJSA 34:6B-1 it is illegal for an employer to refuse to hire
an advertiser say in the ad that it will pay the sales tax?
No. NJSA 54:32B-14(d) prohibits any language indicating the sales tax
will not be charged or that the tax will be refunded to the consumer in
the newspaper run an advertisement for someone looking to adopt a
in the law prohibits such an advertisement. The Law Against
Discrimination regulates employment, housing, and public accommodations
only. Research revealed no law of regulation restricting advertisements
a religious school include in an employment advertisement that
applications must be of the members of the religion that operates the
The Law Against Discrimination permits religious organizations to
"utilize religious affiliation" as a criteria for its
employees. NJSA 10:5-12.
an advertiser state that an employment position is perfect for
"mothers or students?"
The administrative regulations implementing the Law Against
use of language including but not limited to "Black,”
"Negro,” \"colored,” "white,”
"restricted,” "interracial,” "segregated,”
"Christian,” "Jewish,” "men,” "women,”
"girl,” "boy,” "gal,” "guy,”
"married,” "single" or any other word, term, phrase
or expression which tends to influence, persuade or dissuade,
encourage or discourage, attract or repel, any person or persons
because of race, creed, color, national origin, ancestry, age, marital
status or sex shall be considered discriminatory advertising in
violation of the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.
Bingo games subject to any advertising regulations?
advertisements are prohibited by statute, NJSA 5:8-36.
an apartment complex that is not restricted to seniors advertise that a
senior center bus stops at the building or that the county senior lunch
program bus stops at the complex?
neither of these advertisements directly excludes persons other than
seniors from seeking to rent an apartment, the ads do so indirectly and
should be avoided. Had the senior bus availability been part of a list
of amenities including things available to others, such as a playground
nearby, there would be no problem.
an advertiser run an ad that states "up to x percent off"?
An advertisement, which indicates a percentage off, must include the
minimum percent (for example 20 to 60% off) in the same size type as the
maximum percent number. In addition the advertiser must also indicate
the basis of the former price. For example "off regular
prices." NJAC 13:45A-9.5
a model agency include its license number in the advertisement?
The New Jersey Administrative Code, NJAC 13:45B-6.5, requires an
"Entertainment Agency" (which includes modeling agents) to
include its license number in advertisements.
the newspaper obligated to pay a salesperson commission for ads they
have sold prior to ending their employment, even if the ads have not yet
run or been paid for (commissions are paid only after the newspaper has
been paid for the ad)?
the salesperson has done everything necessary to secure the purchase of
the ads, and assuming the newspaper and the sales person have no
agreement governing payment of commissions after termination of
employment, the commissions have been earned and must be paid to the
the statute requiring publication of the synopsis of the municipal audit
reports specify a type size?
The statute does not state the minimum type size.
school boards have to advertise annual election schedules, including
filing deadlines for potential candidates and vacancies?
Pursuant to N.J.S.A. 18A:14-19, the secretary of each board shall give
notice of each election specifying:
day, time and place thereof,
offices, if any, to be filled at such election,
substance of any public question to be submitted to the voters
other information as may be required by law, and,
more than one polling district is established in the school
district, the boundaries of the polling districts or the numbers
assigned to them as election districts with which they coincide in
the school district and the location of the polling place for each,
not less than 10 days prior to the date fixed for the election, by
posting at least 7 copies of such notice, one on each schoolhouse in
the district and the others at such public places therein as the
board shall direct and causing a copy thereof to be published at
least once, in at least one newspaper published in each municipality
in the district and, if no newspaper is published in any such
municipality or such a newspaper will not be published in time to
published such notice in accordance with this section, then, as to
such municipality, at least one newspaper published in the county or
State and circulating in the municipality.
gentleman wants to run a same sex engagement notice. Does the law
require or restrict such notices?
may be a violation of the Law Against Discrimination to refuse the
notice. The Law Against Discrimination prohibits discrimination based
upon sexual orientation in public accommodations. The New Jersey Supreme
Court has taken a very broad view of what constitutes a public
the newspaper is free to refuse any ad, notice, article etc., if a
pattern of refusing items for publication based upon a discriminatory
motive can be shown, the newspaper may be open to litigation.
a vendor advertise a "no sales tax" event where the vendor
intends to pay the cost of the sales tax rather than charge it to the
Under the New Jersey "Sales and Use Tax Act,” specifically NJSA
54:32B-14, it is a violation of the law to advertise that there is no
sales tax imposed when the law does so impose a tax.
the newspaper liable for misstatements or misrepresentations in
advertisements for sale of merchandise under a retail installment plan?
Federal law specifically states that the medium that disseminates the
advertisement cannot be held liable. (15 USC 1665).
there regulations on advertisements by dentists?
the regulations are found at NJAC 13:30-8.6 et seq. Generally the
regulations state the dentist must include the name, address or
telephone number of the dentist or corporation. If the dentist is
advertising any discounted price he or she must include the regular
price as well. In addition the regulations require the advertisement by
done in a "dignified manner" which means that it must be
"predominantly informational" and may not include any
"extreme portrayal of dentists exhibiting characteristics clearly
unrelated to the competence of the dentist".
ad was received by the paper, which advertised home with income
limitations for occupants. Does this advertisement violate any
applicable laws against discrimination?
paper was advised that it did not. It was apparent that it is a
"Mount Laurel" income restricted unit and, in any event,
restricting occupancy based on income levels does not violate any
provisions of the Law Against Discrimination.
a retailer advertise cigarettes "at the lowest price permitted by
The "Unfair Cigarette Sales Act,” NJSA 56-7-18 et seq. prohibits
retailers from advertising or selling cigarettes at less than cost and
defines how cost is to be calculated. An advertisement that states the
retailer will sell at the minimum permitted under the law is acceptable.
an individual seeking a roommate place an advertisement seeking a person
of a particular sex or age?
ad may specify the sex of the applicant. Under the New Jersey Law
Against Discrimination, roommate situations are exempt from the
prohibitions normally applied to such advertisements, thus the
advertiser could specify a sex and age limitation. Under the Federal Law
only, the sex of the applicant may be specified; there is no general
the newspaper run an employment advertisement with a headline
The New Jersey Law Against Discrimination prohibits employment
advertisements directed to one gender.
newspaper was proffered an ad from a Florida corporation, through the
Florida corporation's advertising agent located in California. The ad is
soliciting people to come to the Florida corporation to arrange for a
debt consolidation and the ad asks for a $269 fee up front. An 800
number is given to reach the Florida corporation.
person from the newspaper indicated that she had heard from persons at
NJPA headquarters that persons dealing in debt consolidation in New
Jersey have to be specially licensed. She inquired if that were so.
asked that very same question of the advertiser, through its agent, and
was given a copy of some piece of paper -- very hard to read -- of what
appears to be a license for one Bonnie Lynn Ranlein to practice law in
the State of New Jersey. The agent indicated that this Bonnie Ranlein is
the owner of the Florida corporation and by virtue of this license to
practice law in New Jersey; the corporation then has a license to do
business in New Jersey as a debt consolidator.
businesses wishing to do business in New Jersey must be first licensed
and registered with the Dept. of Treasury, Tax Registration Section.
McGimpsey & Cafferty gave the newspaper the number of that office so
that it could check out specifically whether this Florida corporation is
licensed to do business in New Jersey (the Tax
Section # is (609) 292-1730). No special extra license appears to be
required of persons involved in the debt consolidation field -- as is
required, for example, for doctors, optometrists, accountants, lawyers,
persons in the health care business, persons in the selling of alcohol,
a principal or owner of the Florida corporation licensed as an attorney
in New Jersey does not give the
corporation a license to do business in New Jersey. That license to do
business must first be garnered through the Tax Registration Section.
McGimpsey & Cafferty could not find a Bonnie Lynn Ranlein listed as
an attorney licensed to practice in New Jersey in the 1999 Law
Directory. McGimpsey & Cafferty gave her the number of the
Administrative Office of the Courts so that she could check to see if
such a person is a licensed attorney (in the event that the license was
granted in 1999 after the Law Directory
went to print).
newspaper wants to assure itself that this advertiser is legitimate
before it decides to run the ad. Accordingly, McGimpsey & Cafferty
advised that the paper might try the Better
Business Bureau and/or the local prosecutor, or even the Attorney
General's office in Trenton to see if they've had any indications that
these ads and their advertisers are a flim-flam operation.
an advertiser use the logo of another business, which has recently
without the permission of the business that developed the logo. The fact
the logo is no longer being actively used by the first business does not
strip away the trademark protections.
an advertisement for a house for sale state that the house is suitable
for a "mother-daughter" set up?
The Department of Housing and Urban Development has determined that
"mother-daughter" is a term of art in real estate used to
describe a particular type of property.
statute a restaurant, which does not have a liquor license, may not
advertise "BYOB" and a violation of the statute is a
disorderly persons offense. If the newspaper runs an ad with the
"BYOB" notation can it be prosecuted?
not, although the law is unclear. The statute prohibits the owner from
advertising inside or outside the premises that patrons may bring and
consume their own wine" or beer. NJSA 2A:170-25.21. The law does
address the question of whether the entity which causes the ad to be
published (the newspaper) can be prosecuted.
local newspaper reporter advises that the newspaper had received a
request to run an advertisement which, among other things, criticized
the mayor of a municipality in which the newspaper is run as a
"shanty Irishman," further stated that an important state
agency has obtained phony appraisals to use in their eminent domain
proceedings, an indiscernible attack on a public figure in the
entertainment field, etc. The person who wanted to run the ad was a
72-year old resident of a large New Jersey town. The paper simply chose
not to run the ad -- feeling that it contained defamatory statements
which would probably be untrue and which could subject the paper to
costly lawsuits; the paper further felt that many of the comments were
in poor taste (even though possibly opinion and not subject to liability
for libel). This reporter's question was whether or not he could simply
advise the writer of the ad that the paper has chosen not to run his
advertisement and whether or not the paper would have to give reasons
paper does not have to give reasons. Part of the First Amendment rights
of the paper is to refuse to publish -- unless it refuses for an illegal
discriminatory basis, which is clearly not the case here. However, if
the paper chooses to give reasons from a public relations standpoint, it
could simply point out that from its review of the advertisement, it
appears clear that there are defaming statements of fact which the paper
does not have enough information on to evaluate as to their
truth/falsity. And, of course, republication by the paper could well
subject them to liability (regarding any defamation in the ad which is
palpably false, not subject to the public eye doctrine or other
exemption). This does not mean that the paper is alleging a lack of
credibility on the part of the writer but simply that the paper does not
have the investigation necessary for them to pass upon the defaming
statements and it chooses not to undergo the expense of investigating
them. The paper doesn't have to give reasons if it does not wish to.
ad is offered for a rental apartment. Among the verbiage in the
proffered ad is the quote "perfect for one person." Could this
be deemed as discriminatory under the Fair Housing Act?
could very well be. In general, that would be deemed to be
some persons interested in the apartment on the basis of marital status.
If the ad were changed to describe the number of bedrooms or a
description of the footage available - neutral terminology such as that
- it probably would meet muster.
a municipality place its legal ads in the local newspaper in addition to
its publication in the official legal newspaper?
Nothing in the law prevents multiple advertisements when legal notice is
a restaurant advertiser say in an ad that it does not have a liquor
in the state regulations, which govern alcohol advertising, N.J.A.C.
13:2-24, would prohibit a restaurant from saying in an ad that it does
not have a liquor license or that it does not serve alcoholic beverages.
an ad for employees for a dating service request "attractive"
Nothing in the Law Against Discrimination would prohibit use of the term
provided the remainder of the ad did not indicate that
"attractive" was being used as a code word to discriminate on
some other basis.
an ad be run that promises a free weekend in a five-star hotel in
Atlantic City to the first 50 buyers? There are two concerns:
Would the promise of a weekend in Atlantic City to the first 50
purchasers of 5 bottles or more constitute gambling? And
Would the promise of the weekend, incomplete as to details, be
construed, as consumer fraud on the part of the newspaper should the
details not meet up to reasonable expectations?
to the first question, it would appear clear that this is missing one
essential element of gambling, to wit, there must be consideration paid
by the participant. Here there is no consideration paid by the purchaser
of the goods being advertised; the price is the same whether it's for
one of the first 50 qualifying persons or someone later. This indicates
quite clearly that the price being paid covers the purchase of the goods
and nothing more. In other words, the winners of the trip to Atlantic
City are merely getting a gift; they're not paying for the privilege of
having a chance to be in the first 50. That is just the luck of the draw
without consideration from the purchaser.
to the second question, NJSA 56:8-2 is instructive. The statute excludes
news publishers from liability as to advertisements if they have no
knowledge of intent on the part of the advertiser to defraud.
The Hotline is operated by
General Counsel, Tom Cafferty of Gibbons P.C.
Cafferty has served in this capacity for more than 30 years and has
extensive First Amendment and communication law expertise. The Hotline
is available to all publications that are active members of the New Jersey
To reach the Hotline:
(973) 596-4863 The regular hours are 9 a.m. to 5 p.m. Monday through
Friday, but callers may leave a recorded message 24 hours per day on a
dedicated voice-mail line. The Hotline attorneys will return all calls
as soon as possible.
NJPA Legal Hotline, c/o Gibbons P.C., One Gateway Center, Newark, NJ