Quiz for Article 6 Enforcement 1999.5 False and Misleading Advertising

 It is unlawful for any licensee, or any employee thereof, directly or indirectly to make, disseminate, represent, claim, state, or advertise, or cause to be made, disseminated, represented, claimed, stated or advertised by any manner or means whatever, any statement or representation concerning structural pest control, as defined in Business and Professions Code section 8505, which is unfair, deceptive, untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be unfair, deceptive, untrue or misleading.    True or False

The exercise of reasonable care includes a duty to investigate the basis of any statement or representation to assure that the statement or representation is not unfair, deceptive, untrue or misleading. The making of a statement or representation without knowledge of its truthfulness breaches the duty to investigate.   True or False

Any expressed or implied statement or representation that one or a combination of pest control services, methods, products, pesticides, or devices is an alternative or substitute for, is comparable to, or is better than any other pest control service, method, product, pesticide, device, or combination thereof, if what is being compared provides different treatment coverage of a structure, including but not limited to differences in the extent that accessible and inaccessible areas can reasonably be treated, unless said differences in treatment coverage are clearly and conspicuously stated. This subsection (f)(4) shall apply to Branch 2&3 activities.    True or False

Any representation that a service, method, product, pesticide, or device, or combination thereof, intended to treat infested wood in a structure, will be used to treat an entire structure for target pests if the service, method, product, pesticide, or device or combination thereof is not capable of treating all potentially infested wood in a structure including inaccessible areas. This subsection (f)(5) shall only apply to Branch 2&3 activities.    True or False

Examples of direct or indirect statements or representations which are unfair, deceptive, untrue or misleading include, but are not limited to, the following:   

A) Any unfair, deceptive, untrue or misleading statement concerning the composition of a pest control service, method, product, pesticide or device. T or F

Examples of direct or indirect statements or representations which are unfair, deceptive, untrue or misleading include, but are not limited to, the following:

B) any unfair, deceptive, untrue or misleading statement concerning the effectiveness of a pest control service, method, product, pesticide or device.   True or False 

Examples of direct or indirect statements or representations which are unfair, deceptive, untrue or misleading include, but are not limited to, the following:

C) any unfair, deceptive, untrue or misleading statement about the value of a pest control product for purposes other than as a pesticide or pest control device.   True or False

Examples of direct or indirect statements or representations which are unfair, deceptive, untrue or misleading include, but are not limited to, the following:

D) any unfair, deceptive, untrue or misleading comparison of pest control services, methods, products, pesticides or devices.    True or False

Examples of direct or indirect statements or representations which are unfair, deceptive, untrue or misleading include, but are not limited to, the following:

E) any statement or representation that a pesticide or device is certified, sponsored, recommended, endorsed, or approved by any agency of the Federal Government.    True or False

The Board has the authority to assess a civil penalty in lieu of actual suspension as follows: 

Not more than $5,000 for an actual suspension of 1 to 19 days (b)not more than $10,000 for an actual suspension of 20 to 45 days. The respondent may express a preference for paying a civil penalty in lieu of actual suspension, but the Board is not bound by any expression of preference.    True or False