Section 17531

17531.  It is unlawful for any person, firm, or corporation, in any
newspaper, magazine, circular, form letter or any open publication,
published, distributed, or circulated in this state, including over
the Internet, or on any billboard, card, label, or other advertising
medium, or by means of any other advertising device, to advertise,
call attention to or give publicity to the sale of any merchandise,
which merchandise is secondhand or used merchandise, or which
merchandise is defective in any manner, or which merchandise consists
of articles or units or parts known as "seconds," or blemished
merchandise, or which merchandise has been rejected by the
manufacturer thereof as not first class, unless there is
conspicuously displayed directly in connection with the name and
description of that merchandise and each specified article, unit, or
part thereof, a direct and unequivocal statement, phrase, or word
which will clearly indicate that the merchandise or each article,
unit, or part thereof so advertised is secondhand, used, defective,
or consists of "seconds" or is blemished merchandise, or has been
rejected by the manufacturer thereof, as the case may be. Any
violation of this section is a misdemeanor punishable by imprisonment
in the county jail not exceeding six months, or by a fine not
exceeding two thousand five hundred dollars ($2,500), or by both that
imprisonment and fine.