Louisiana Revised Statutes 40:700.11 – A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the dissemination or causing t
Terms Used In Louisiana Revised Statutes 40:700.11
- Advertisement: includes all representations of fact or opinion disseminated to the public in any manner or by any means. See Louisiana Revised Statutes 40:700
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the Louisiana Department of Health and "secretary" means the secretary thereof. See Louisiana Revised Statutes 40:700
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Water treatment device: means any instrument or contrivance sold at retail for residential use and designed to be added to the plumbing system of a water supply intended for human consumption to improve that water supply by any means including, but not limited to, filtration, purification, distillation, or conditioning. See Louisiana Revised Statutes 40:700
A. In order to avoid multiplicity of criminal prosecutions, the district courts may, for cause, restrain any person by temporary or permanent injunction from the dissemination or causing to be disseminated of a false advertisement by any means for the purpose of inducing, directly or indirectly, the purchase of water treatment devices in commerce; or from engaging in the business of selling water treatment devices to the public without a permit issued by the Louisiana Department of Health; or from engaging in other unfair or deceptive trade practices including, but not limited to, verbal or written misrepresentation of any water treatment device.
B. In these proceedings for an injunction it is not necessary to show an intent on the part of the person enjoined to continue the offense.
C. In addition to other remedies, violation of any injunction issued pursuant to this Section shall be summarily tried and punished by the court as a contempt. The contempt proceedings may be instituted by order of the court or by the filing of an information by the district attorney and process of the court for the arrest of the violator may be served at any place in the state.
D. No person violates any injunction issued pursuant to this Section by reason of the dissemination, subsequent to the injunction, of the false advertisement which was the basis of the injunction, if the dissemination was beyond the control of the person.
Added by Acts 1983, No. 507, §1.