2011 Louisiana Laws
Revised Statutes
TITLE 51 — Trade and commerce
RS 51:412 — Advertising of fallout shelters

§412. Advertising of fallout shelters

A. Definitions. For the purposes of this Section, the terms defined herein shall have the respective meanings hereinafter set forth.

(1) Shelter: A fallout shelter, a blast-resistant shelter, or a limited blast-resistant shelter.

(2) Fallout shelter: A structure which, when properly installed, has a protection factor against fallout gamma radiation of not less than one hundred.

(3) Protection factor: The relative reduction in the amount of radiation that would be received by a person in a shelter compared with the amount which he would receive if unprotected. A structure which has a protection factor of one hundred must offer a person at least one hundred times more protection against radiation than such person would have if unprotected.

(4) Blast-resistant or limited blast-resistant shelter: A structure which qualifies as a fallout shelter and, in addition, is capable of affording a certain minimum amount of protection against the effects of a blast overpressure and associated nuclear and thermal radiation. To qualify as a "blast-resistant shelter" a structure must be capable of withstanding an overpressure of not less than thirty pounds per square inch, which pressure would occur at a range of approximately two and one-half miles from a ten megaton, and approximately five miles from a one hundred megaton explosion. To qualify as a "limited blast-resistant shelter" a structure must be capable of withstanding an overpressure of not less than five pounds per square inch, which pressure would occur at a range of approximately eight and one-half miles from a ten megaton, and approximately eighteen miles from a one hundred megaton explosion.

B. Fallout and blast protection.

(1) A structure shall not be described or designated as a "fallout shelter," or by any other term of like implication, nor shall any representation be made that a structure affords protection against radioactive fallout, unless such structure meets the minimum requirements set forth in the definition of a "fallout shelter" in Subsection A of this Section.

(2) A structure shall not be described or designated as a "blast shelter" or by any other term of like implication.

(3) A structure shall not be described or designated as a "blast-resistant shelter" or a "limited blast-resistant shelter," or by any other term of like implication, unless it meets the applicable minimum requirements set forth herein.

(4) No representation, express or implied, shall be made that a structure affords protection against nuclear blast unless such structure meets the minimum requirements for a "limited blast-resistant shelter."

(5) No advertisement for, or representation as to the characteristics or capabilities of, any structure designated as a "fallout shelter," "blast-resistant shelter," "limited blast-resistant shelter," or any other term of like implication, shall be used without the inclusion of an affirmative disclosure, in clear and conspicuous terms, of the limits of the protection provided by such structure.

(6) With reference to a fallout shelter which does not qualify as a "limited blast-resistant shelter," an advertisement shall disclose that the structure has not been designated to afford protection against blast or other related hazards.

(7) If the structure qualifies as a "limited blast-resistant shelter" or a "blast-resistant shelter," an advertisement shall disclose that the structure, when properly installed, will protect its occupants from a blast of a stated force (such as ten megatons) occurring at an approximate number of miles distant.

(8) If a structure meets the minimum requirements for a "fallout shelter," factual and nondeceptive representations may be made as to the degree and nature of fallout protection afforded. Claims that the fallout protection afforded exceeds the requirements shall not be used unless the protection so afforded exceeds the prescribed minimum to a significant degree.

(9) Claims, express or implied, of absolute or complete protection from fallout or blast under any and all conditions shall not be used.

C. Installation.

(1) Any advertisement offering a shelter shall disclose affirmatively that the structure must be properly installed before it can provide protection as a shelter.

(2) No representation shall be made that a shelter can be installed in one day or in any other period of time, unless the installation can in fact be completed within the stated period.

(3) Statements which deceptively exaggerate the ease or economy with which a shelter can be installed shall not be used.

D. Affirmative disclosures as to capacity.

(1) Whenever any representation is made which conveys any implication as to the size or capacity of the advertised shelter, such as a picture, a quoted price or the use of the word "family," the advertisement shall clearly and conspicuously disclose the number of persons the shelter will protect.

(2) Minimum standard requirements of the office of civil defense of the United States in effect at the time the advertised offer is made shall be applied in determining the number of persons that the shelter can protect.

E. Pictorial and other misrepresentations.

(1) No advertisement shall be used which would mislead prospective buyers, through pictorial representations or in any other manner, as to the protection afforded by a shelter or as to the size, composition, construction, design, capacity, quality, cost or manner of installation, fire or water-resistant properties, location or utility of a shelter or any part thereof, or which would be misleading in any other material respect.

(2) All construction items featured in a pictorial representation must be included in the price stated in the advertisement.

(3) Picturizations of fallout shelters which imply protection against blast effects but which are not capable of providing this protection shall not be used.

(4) An advertisement shall not feature the picture of a higher-priced shelter in conjunction with the price of a lower-priced shelter in such manner as to lead consumers to believe the higher-priced model can be purchased at the lower price.

F. Deceptive prices.

(1) No statement, express or implied, shall be used which misrepresents prices or savings in any manner.

(2) Claims that the price offer is for a limited time only or that there will be an increase in price shall not be used unless in fact true.

(3) Advertised or quoted prices shall include the cost of all parts of the structure which are essential to its functioning as a shelter.

(4) Advertised or quoted prices also shall include all charges for the delivery and installation of the shelter, unless the advertisement clearly and conspicuously discloses that delivery or installation charges are not included.

(5) No statement, however expressed, whether in words, phrases, price figures, symbols, fractions, percentages or otherwise, which represents or implies a reduction or saving from an established retail price or from the advertiser's former price shall be used in connection with the price at which a shelter is offered for sale unless:

(a) the saving or reduction statement applies to the specific shelter offered for sale as distinguished from similar or comparable shelters, and either

(b) the saving or reduction is from the usual and customary retail price of the shelter in the trade area or areas where the statement is made, or

(c) the saving or reduction is from the advertiser's usual and customary retail price of the shelter in the recent, regular course of business, and

(d) the statement clearly shows whether the saving or reduction is from the usual and customary retail price of the shelter in the trade area or from the advertiser's usual and customary retail price of the shelter in the recent, regular course of business.

(6) No statement which represents or implies a reduction or saving from an established retail price or from the advertiser's usual and customary retail price shall be used if,

(a) an artificial mark-up has been used to provide the basis for the claim, or

(b) the claim is based on infrequent or isolated sales, or

(c) the claim is based on a past price, that is, a price not immediately preceding the price used in the recent, regular course of business, unless this fact is clearly and adequately disclosed.

(7) Nothing herein provided shall be interpreted to preclude an advertiser from comparing his selling price for a shelter to the price at which similar and comparable shelters are currently offered for sale, or sold, provided that,

(a) it is clearly and conspicuously disclosed in the statement, however made, that the comparison in price is being made between the shelter offered for sale and similar and comparable shelters so that it is made clear that the comparative price is not the former or usual and customary price of the advertised shelter but is the price of such similar and comparable shelters, and

(b) the shelters, to which the sales price of the advertised shelter is compared, is at least of like grade and quality in all material respects, and

(c) said similar and comparable shelters are generally available for purchase at the comparative price in the same trade area or areas where the claim is made or, if not so available, that fact is clearly disclosed.

(8) No statement which represents or implies that, because of some unusual event or manner of business, a shelter is offered for sale to the consuming public at a saving from the usual and customary retail price in the trade area or areas where the claim is made, or at a saving from the advertiser's usual and customary price for the shelter in the recent, regular course of his business shall be made unless the claim is true.

(9) No statement shall be made in connection with the offering for sale of a shelter to the consuming public of a "factory" or "wholesale" price, or other such expression, which represents or implies that the consuming public can purchase the shelter at the same price that retailers regularly do, and provides a saving from the usual and customary retail price for the shelter in the trade area or areas where the claim is made unless such statement is true.

(10) No shelter shall be "pre-ticketed" with any price figure, either alone or with descriptive terminology, which exceeds the price at which the shelter is usually and customarily sold in the trade area or areas where the "pre-ticketed" shelter is offered for sale.

G. Financial terms.

(1) Installment purchase plans shall not be misrepresented in any manner, nor shall an advertiser claim that loans from any lending institution are available, or that such loans may be insured by the Federal Housing Administration, unless such is the fact.

(2) Down payments shall not be quoted in such a manner as to imply that the down payment constitutes the entire price.

(3) If a shelter is offered at a quoted price under an installment plan which requires additionally the payment of carrying charges, the fact that carrying charges are to be added to the advertised price shall be disclosed.

(4) If an interest rate is quoted, it must be simple interest per annum calculated on the basis of the unpaid balance due as reduced after crediting installments as paid.

H. Guarantees.

(1) A guarantee shall not be used in such a manner as to constitute a misrepresentation of a material fact.

(2) Any guarantee in advertising shall clearly and conspicuously disclose

(a) the nature and extent of the guarantee, including but not necessarily restricted to disclosure of (1) the shelter or part thereof guaranteed; (2) the characteristics or properties of the designated shelter or part thereof covered by or excluded from the guarantee; (3) the duration of the guarantee; (4) what, if anything, any one claiming under the guarantee must do before the guarantor will fulfill his obligation under the guarantee, and

(b) the manner in which the guarantor will perform including a statement of exactly what the guarantor undertakes to do under the guarantee, such as repair, replacement and refund and, if the guarantor or the person receiving the guarantee has an option as to what may satisfy the guarantee, this shall be set out in the statement; and

(c) the identity of the guarantor. The identity of the guarantor also shall be clearly revealed in all advertising, as well as in any documents evidencing the guarantee.

(3) A seller or manufacturer shall not advertise or represent that a shelter is guaranteed when he cannot or does not promptly and scrupulously fulfill his obligations under the guarantee.

I. Government connection, approval or endorsement. If a shelter design meets the minimum requirements of the United States Office of Civil Defense, the advertiser may reveal this fact in advertising. Even though the shelter design meets the aforementioned requirements, however, an advertiser shall not represent that the shelter has been approved or endorsed by the federal government or is being offered by an agency of the federal government. Seals, insignia, trade or brand names, or any other term or symbol implying connection, approval, or endorsement of the federal government shall not be used in advertising.

J. Maintenance or repairs. No statement shall be made which misrepresents the extent to which maintenance, repairs or replacement of a shelter or parts thereof may be required.

K. Custom made, custom built, etc. Claims that a shelter is "custom made," "custom built," or representations of similar import, shall not be used unless the shelter is to be designed and built specially for the particular purchaser.

L. Model shelters. An advertiser shall not claim that prospective purchasers' homes have been selected for the installation of "model shelters," or that the owners thereof will receive any amount of money, a reduction in price or other thing of value conditioned upon the sale to others of similar shelters, when such is not the fact.

M. Combination or dual-purpose shelters. Claims to the effect that a shelter serves a combination or dual purpose shall not be used unless factually true. If a shelter can in fact be utilized for other purposes which would not interfere with its use as a shelter, factual and non-deceptive representations as to such other utilization may be made.

N. Bait advertising. An advertiser shall not offer a shelter for sale unless such offer is made in good faith for the purpose of selling the advertised shelter. Insincere offers to sell, made for the purpose of contacting prospective purchasers and switching them to a shelter other than the shelter advertised, are not to be used.

O. Lottery schemes. Sales promotional plans involving lottery or other schemes of chance shall not be used.

P. Scare tactics. Scare tactics, such as the employment of horror pictures calculated to arouse unduly the emotions of prospective shelter buyers, shall not be used.

Q. Untrue or misleading advertisements prohibited. The provisions of R.S. 51:411 shall apply wherever applicable to this Section.

R. Penalty. Whoever violates any of the provisions of this Section shall be fined not less than twenty-five dollars nor more than five hundred dollars, or imprisoned for not less than ten days nor more than six months, or both, and each offense shall constitute a separate offense.

Added by Acts 1962, No. 237, §1.