§ 2501. Falsely advertising goods as property of an insolvent or as damaged.
No person engaged in the sale of any goods, wares or merchandise within the State shall publicly and falsely, and with intent
to deceive the general buying public, advertise or otherwise represent that the goods, wares or merchandise are or were either
in whole or in part the property of any insolvent or bankrupt or the assignee of any insolvent or bankrupt, or that such goods,
wares or merchandise were either in whole or in part damaged by fire or accident of any kind.
18 Del. Laws, c. 661; 20 Del. Laws, c. 70; 20 Del. Laws, c. 571; 26 Del. Laws, c. 207; Code 1915, § 3580; Code 1935, § 4074; 6 Del. C. 1953, § 2501.;
§ 2502. Sale of goods in Wilmington as a removed stock or in other than regular business manner.
No person shall engage in the sale of any goods, wares or merchandise, within the corporate limits of the City of Wilmington,
which have been brought to that city or consigned to any person in that city, for the purpose of the special sale thereof,
as a removed stock of goods, or for the purpose of any sale thereof in any other than a regular business manner, by regular
established merchants of that city. This section shall not prevent any person from embarking in the regular business of a
merchant by any other method than those herein or elsewhere in the laws of this State prohibited, and this section shall not
apply to goods and chattels shipped to Wilmington from other points of the State.
18 Del. Laws, c. 661; 20 Del. Laws, c. 70; 20 Del. Laws, c. 571; 26 Del. Laws, c. 207; Code 1915, § 3580; Code 1935, § 4074; 6 Del. C. 1953, § 2502.;
§ 2503. Penalties; presumption of intent to deceive.
Whoever violates §§ 2501 or 2502 of this title shall be fined $100. Upon the trial of any person for such violation, the intent
to deceive the general buying public shall be presumed where proof is made of a public and false advertisement or representation.
18 Del. Laws, c. 661; 20 Del. Laws, c. 70; 20 Del. Laws, c. 571; 26 Del. Laws, c. 207; Code 1915, § 3580; Code 1935, § 4074; 6 Del. C. 1953, § 2503.;
§ 2504. Price discrimination; penalty.
Whoever, doing business in this State and engaged in the production, manufacture or distribution of any commodity in general
use, intentionally, for the purpose of destroying the competition of any regular, established dealer in such commodity or
to prevent competition of any person who in good faith intends or attempts to become such dealer, discriminates between different
sections, communities, or cities of this State, by selling the commodity at a lower rate in 1 section, community, or city,
or any portion thereof, than in another, after making due allowance for any difference in the grade or quality and in the
cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured
product, shall be fined not less than $200, nor more than $5,000 or imprisoned not more than 1 year, or both.
Code 1915, § 2498A; 29 Del. Laws, c. 213; Code 1935, § 3124; 6 Del. C. 1953, § 2504.;
§ 2505. Delivery of unsolicited merchandise.
Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept
delivery of this merchandise or such person may deem it to be a gift and use it or dispose of it in any manner without any
obligation to the sender.
6 Del. C. 1953, § 2505; 56 Del. Laws, c. 413; 70 Del. Laws, c. 186, § 1.;
§ 2506. Limitation of actions.
Notwithstanding any other statute to the contrary, no action at law by the Attorney General brought under this chapter shall
be initiated after the expiration of 5 years from the time the cause of action accrued; however, §§ 8117 and 8118 of Title
10 and any applicable tolling or savings provisions created under the common law shall apply.
71 Del. Laws, c. 470, § 15.;
§ 2507. Advertising of tobacco products on or in school properties prohibited.
(a) No person, firm, corporation, partnership or other organization shall advertise or cause to be advertised any tobacco
products within 200 feet of any public or private school, excluding institutions of higher education. This section shall not
apply to advertisements inside of a commercial establishment, except outward-facing advertisements placed in windows.
(b) This section shall not be construed to prohibit the display of any message or advertisement opposing the use of tobacco
products. Any message or advertisement opposing the use of tobacco products that is placed within 200 feet of a school may
not contain the brand name of any tobacco product or the name of any tobacco company.
(c) This section shall not be construed to prohibit an advertisement stating that a commercial establishment sells tobacco
products, provided that the advertisement is on the premises or property of the commercial establishment and does not identify
any tobacco product brand or any tobacco product manufacturer by name.
(d) The Attorney General may file a complaint in the Court of Chancery or Superior Court for the county in which the alleged
unlawful practice has been or is to be partially or completely performed. The Court of Chancery may enjoin any person, firm,
corporation, partnership or other organization from the commission of any such act, and may award damages and costs. Whoever
is found to be in violation of this section by the Superior Court shall be fined not more than $1,000 for the first offense
and not more than $5,000 for each subsequent offense.
72 Del. Laws, c. 472, § 4.;
§ 2508. Sale of fur-containing apparel; requirements.
(a) No merchant shall sell, offer or display for sale any coat, jacket, garment, or other wearing apparel made wholly or partially
of animal fur, regardless of the price of the wearing apparel or the amount or value of the fur contained therein, without
having attached to and conspicuously displayed on such apparel a tag, label or sticker that clearly and legibly states in
English that such apparel contains real animal fur.
(b) This section shall apply only to new apparel that is sold by a merchant to a retail consumer in the first instance, and
shall not apply to the resale of such apparel by second-hand, consignment, Goodwill or similar "resell" merchants.
(c) This section shall apply only to the sale of new wearing apparel sold by a merchant in a retail store only.
(d) Any merchant found to be in violation of this section shall be subject to a civil penalty of $200 per incident, regardless
of the total number of articles of wearing apparel found in violation of this section during an incident.
(e) This section shall become effective and enforceable on June 1, 2010.
§ 2501. Falsely advertising goods as property of an insolvent or as damaged.
No person engaged in the sale of any goods, wares or merchandise within the State shall publicly and falsely, and with intent
to deceive the general buying public, advertise or otherwise represent that the goods, wares or merchandise are or were either
in whole or in part the property of any insolvent or bankrupt or the assignee of any insolvent or bankrupt, or that such goods,
wares or merchandise were either in whole or in part damaged by fire or accident of any kind.
18 Del. Laws, c. 661; 20 Del. Laws, c. 70; 20 Del. Laws, c. 571; 26 Del. Laws, c. 207; Code 1915, § 3580; Code 1935, § 4074; 6 Del. C. 1953, § 2501.;
§ 2502. Sale of goods in Wilmington as a removed stock or in other than regular business manner.
No person shall engage in the sale of any goods, wares or merchandise, within the corporate limits of the City of Wilmington,
which have been brought to that city or consigned to any person in that city, for the purpose of the special sale thereof,
as a removed stock of goods, or for the purpose of any sale thereof in any other than a regular business manner, by regular
established merchants of that city. This section shall not prevent any person from embarking in the regular business of a
merchant by any other method than those herein or elsewhere in the laws of this State prohibited, and this section shall not
apply to goods and chattels shipped to Wilmington from other points of the State.
18 Del. Laws, c. 661; 20 Del. Laws, c. 70; 20 Del. Laws, c. 571; 26 Del. Laws, c. 207; Code 1915, § 3580; Code 1935, § 4074; 6 Del. C. 1953, § 2502.;
§ 2503. Penalties; presumption of intent to deceive.
Whoever violates §§ 2501 or 2502 of this title shall be fined $100. Upon the trial of any person for such violation, the intent
to deceive the general buying public shall be presumed where proof is made of a public and false advertisement or representation.
18 Del. Laws, c. 661; 20 Del. Laws, c. 70; 20 Del. Laws, c. 571; 26 Del. Laws, c. 207; Code 1915, § 3580; Code 1935, § 4074; 6 Del. C. 1953, § 2503.;
§ 2504. Price discrimination; penalty.
Whoever, doing business in this State and engaged in the production, manufacture or distribution of any commodity in general
use, intentionally, for the purpose of destroying the competition of any regular, established dealer in such commodity or
to prevent competition of any person who in good faith intends or attempts to become such dealer, discriminates between different
sections, communities, or cities of this State, by selling the commodity at a lower rate in 1 section, community, or city,
or any portion thereof, than in another, after making due allowance for any difference in the grade or quality and in the
cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured
product, shall be fined not less than $200, nor more than $5,000 or imprisoned not more than 1 year, or both.
Code 1915, § 2498A; 29 Del. Laws, c. 213; Code 1935, § 3124; 6 Del. C. 1953, § 2504.;
§ 2505. Delivery of unsolicited merchandise.
Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept
delivery of this merchandise or such person may deem it to be a gift and use it or dispose of it in any manner without any
obligation to the sender.
6 Del. C. 1953, § 2505; 56 Del. Laws, c. 413; 70 Del. Laws, c. 186, § 1.;
§ 2506. Limitation of actions.
Notwithstanding any other statute to the contrary, no action at law by the Attorney General brought under this chapter shall
be initiated after the expiration of 5 years from the time the cause of action accrued; however, §§ 8117 and 8118 of Title
10 and any applicable tolling or savings provisions created under the common law shall apply.
71 Del. Laws, c. 470, § 15.;
§ 2507. Advertising of tobacco products on or in school properties prohibited.
(a) No person, firm, corporation, partnership or other organization shall advertise or cause to be advertised any tobacco
products within 200 feet of any public or private school, excluding institutions of higher education. This section shall not
apply to advertisements inside of a commercial establishment, except outward-facing advertisements placed in windows.
(b) This section shall not be construed to prohibit the display of any message or advertisement opposing the use of tobacco
products. Any message or advertisement opposing the use of tobacco products that is placed within 200 feet of a school may
not contain the brand name of any tobacco product or the name of any tobacco company.
(c) This section shall not be construed to prohibit an advertisement stating that a commercial establishment sells tobacco
products, provided that the advertisement is on the premises or property of the commercial establishment and does not identify
any tobacco product brand or any tobacco product manufacturer by name.
(d) The Attorney General may file a complaint in the Court of Chancery or Superior Court for the county in which the alleged
unlawful practice has been or is to be partially or completely performed. The Court of Chancery may enjoin any person, firm,
corporation, partnership or other organization from the commission of any such act, and may award damages and costs. Whoever
is found to be in violation of this section by the Superior Court shall be fined not more than $1,000 for the first offense
and not more than $5,000 for each subsequent offense.
72 Del. Laws, c. 472, § 4.;
§ 2508. Sale of fur-containing apparel; requirements.
(a) No merchant shall sell, offer or display for sale any coat, jacket, garment, or other wearing apparel made wholly or partially
of animal fur, regardless of the price of the wearing apparel or the amount or value of the fur contained therein, without
having attached to and conspicuously displayed on such apparel a tag, label or sticker that clearly and legibly states in
English that such apparel contains real animal fur.
(b) This section shall apply only to new apparel that is sold by a merchant to a retail consumer in the first instance, and
shall not apply to the resale of such apparel by second-hand, consignment, Goodwill or similar "resell" merchants.
(c) This section shall apply only to the sale of new wearing apparel sold by a merchant in a retail store only.
(d) Any merchant found to be in violation of this section shall be subject to a civil penalty of $200 per incident, regardless
of the total number of articles of wearing apparel found in violation of this section during an incident.
(e) This section shall become effective and enforceable on June 1, 2010.
§ 2501. Falsely advertising goods as property of an insolvent or as damaged.
No person engaged in the sale of any goods, wares or merchandise within the State shall publicly and falsely, and with intent
to deceive the general buying public, advertise or otherwise represent that the goods, wares or merchandise are or were either
in whole or in part the property of any insolvent or bankrupt or the assignee of any insolvent or bankrupt, or that such goods,
wares or merchandise were either in whole or in part damaged by fire or accident of any kind.
18 Del. Laws, c. 661; 20 Del. Laws, c. 70; 20 Del. Laws, c. 571; 26 Del. Laws, c. 207; Code 1915, § 3580; Code 1935, § 4074; 6 Del. C. 1953, § 2501.;
§ 2502. Sale of goods in Wilmington as a removed stock or in other than regular business manner.
No person shall engage in the sale of any goods, wares or merchandise, within the corporate limits of the City of Wilmington,
which have been brought to that city or consigned to any person in that city, for the purpose of the special sale thereof,
as a removed stock of goods, or for the purpose of any sale thereof in any other than a regular business manner, by regular
established merchants of that city. This section shall not prevent any person from embarking in the regular business of a
merchant by any other method than those herein or elsewhere in the laws of this State prohibited, and this section shall not
apply to goods and chattels shipped to Wilmington from other points of the State.
18 Del. Laws, c. 661; 20 Del. Laws, c. 70; 20 Del. Laws, c. 571; 26 Del. Laws, c. 207; Code 1915, § 3580; Code 1935, § 4074; 6 Del. C. 1953, § 2502.;
§ 2503. Penalties; presumption of intent to deceive.
Whoever violates §§ 2501 or 2502 of this title shall be fined $100. Upon the trial of any person for such violation, the intent
to deceive the general buying public shall be presumed where proof is made of a public and false advertisement or representation.
18 Del. Laws, c. 661; 20 Del. Laws, c. 70; 20 Del. Laws, c. 571; 26 Del. Laws, c. 207; Code 1915, § 3580; Code 1935, § 4074; 6 Del. C. 1953, § 2503.;
§ 2504. Price discrimination; penalty.
Whoever, doing business in this State and engaged in the production, manufacture or distribution of any commodity in general
use, intentionally, for the purpose of destroying the competition of any regular, established dealer in such commodity or
to prevent competition of any person who in good faith intends or attempts to become such dealer, discriminates between different
sections, communities, or cities of this State, by selling the commodity at a lower rate in 1 section, community, or city,
or any portion thereof, than in another, after making due allowance for any difference in the grade or quality and in the
cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured
product, shall be fined not less than $200, nor more than $5,000 or imprisoned not more than 1 year, or both.
Code 1915, § 2498A; 29 Del. Laws, c. 213; Code 1935, § 3124; 6 Del. C. 1953, § 2504.;
§ 2505. Delivery of unsolicited merchandise.
Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept
delivery of this merchandise or such person may deem it to be a gift and use it or dispose of it in any manner without any
obligation to the sender.
6 Del. C. 1953, § 2505; 56 Del. Laws, c. 413; 70 Del. Laws, c. 186, § 1.;
§ 2506. Limitation of actions.
Notwithstanding any other statute to the contrary, no action at law by the Attorney General brought under this chapter shall
be initiated after the expiration of 5 years from the time the cause of action accrued; however, §§ 8117 and 8118 of Title
10 and any applicable tolling or savings provisions created under the common law shall apply.
71 Del. Laws, c. 470, § 15.;
§ 2507. Advertising of tobacco products on or in school properties prohibited.
(a) No person, firm, corporation, partnership or other organization shall advertise or cause to be advertised any tobacco
products within 200 feet of any public or private school, excluding institutions of higher education. This section shall not
apply to advertisements inside of a commercial establishment, except outward-facing advertisements placed in windows.
(b) This section shall not be construed to prohibit the display of any message or advertisement opposing the use of tobacco
products. Any message or advertisement opposing the use of tobacco products that is placed within 200 feet of a school may
not contain the brand name of any tobacco product or the name of any tobacco company.
(c) This section shall not be construed to prohibit an advertisement stating that a commercial establishment sells tobacco
products, provided that the advertisement is on the premises or property of the commercial establishment and does not identify
any tobacco product brand or any tobacco product manufacturer by name.
(d) The Attorney General may file a complaint in the Court of Chancery or Superior Court for the county in which the alleged
unlawful practice has been or is to be partially or completely performed. The Court of Chancery may enjoin any person, firm,
corporation, partnership or other organization from the commission of any such act, and may award damages and costs. Whoever
is found to be in violation of this section by the Superior Court shall be fined not more than $1,000 for the first offense
and not more than $5,000 for each subsequent offense.
72 Del. Laws, c. 472, § 4.;
§ 2508. Sale of fur-containing apparel; requirements.
(a) No merchant shall sell, offer or display for sale any coat, jacket, garment, or other wearing apparel made wholly or partially
of animal fur, regardless of the price of the wearing apparel or the amount or value of the fur contained therein, without
having attached to and conspicuously displayed on such apparel a tag, label or sticker that clearly and legibly states in
English that such apparel contains real animal fur.
(b) This section shall apply only to new apparel that is sold by a merchant to a retail consumer in the first instance, and
shall not apply to the resale of such apparel by second-hand, consignment, Goodwill or similar "resell" merchants.
(c) This section shall apply only to the sale of new wearing apparel sold by a merchant in a retail store only.
(d) Any merchant found to be in violation of this section shall be subject to a civil penalty of $200 per incident, regardless
of the total number of articles of wearing apparel found in violation of this section during an incident.
(e) This section shall become effective and enforceable on June 1, 2010.
