A. The attorney general of the state of New Mexico or the district attorney of the district in which the violation occurs or a private citizen may bring an action in the name of the state against any person to restrain and prevent any violation of this act [57-15-1 to 57-15-5, 57-15-9, 57-15-10 NMSA 1978]. Any proceeding initiated under this section by a private citizen shall be initiated on his behalf and all others similarly situated.
B. The court in exceptional cases brought by private citizens may award reasonable attorneys' fees to the prevailing party. Costs or attorneys' fees may be assessed against a defendant only if the court finds that he has willfully engaged in false advertising.
History: 1953 Comp., § 49-12-5, enacted by Laws 1965, ch. 79, § 5.
Cross references. — For class action suits generally, see Rule 1-023 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Availability of permanent injunction under § 13(b) of Federal Trade Commission Act (15 USC § 53(b)), 70 A.L.R. Fed. 716.
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