New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 36 - STATE BOARD OF MORTUARY SCIENCE › Subchapter 5 - MORTUARIES › Section 13:36-5.12 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:
"Advertisement" means any attempt, direct or indirect, by publication, dissemination, circulation, or broadcast through the public media or social media to induce any person or entity to purchase or enter into an agreement to accept mortuary or funeral services or merchandise. "Advertisement" includes business cards when business cards are used as copy in an advertisement or are published, disseminated, circulated, or broadcast in the public media, as defined below, or social media.
"Price reduction statement" means a statement, suggestion or implication, direct or indirect, that a service or merchandise is being offered or made available for sale at a price less than the advertiser's routine price. The following words, terms and phrases or their substantial equivalent shall be deemed to indicate a price reduction statement: sale, discount, savings, price cut, bargain, reduced, prices slashed, clearance, regularly, usually, cut rate, originally, formerly, at cost, below cost, wholesale.
"Public media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers, letters, billboards, aerial displays, signs, television, radio, internet and any other similar item, document, publication or device used to communicate to the general public or to a specific group. "Public media" does not include manager signs which are subject to the requirements of 13:36-5.1 or establishment signs which are subject to the requirements of 13:36-5.10.
"Testimonial" means a statement by a person referring to his or her family's personal experience with a mortuary or licensee.
(b) All stationery shall indicate the true firm name of the mortuary as registered with the Board, the address and telephone number of the mortuary, and the name of the manager, and his or her title and license number preceded by the phrase "N.J. Lic. No. ___."
(c) Advertisements shall contain the true firm name, address, and telephone number of the mortuary as registered with the Board. Advertisements shall also contain the name of the manager and the license number of the practitioner preceded by the phrase "N.J. Lic. No. ___."
(d) An advertisement that makes reference to more than one registered mortuary shall comply with (c) above regarding one mortuary provided that only the municipality where the mortuary is located and the true firm name as it is registered with the Board is disclosed for any additional mortuaries listed. If an advertisement for any additional mortuary discloses any further information than the municipality where the mortuary is located and the true firm name as it is registered with the Board, the advertisement shall satisfy the requirements of (c) above.
(e) Telephone book listings of two lines or less or small novelty items where the space of advertising is limited shall disclose the municipality where the registered mortuary is located and the true firm name as it is registered with the Board.
(f) No licensee or owner of a mortuary shall cause to be published, disseminated, circulated or broadcast any advertisement which is false, fraudulent, deceptive or misleading or which misrepresents, suppresses, conceals, obscures or distorts any material fact.
(g) In addition, it shall be deceptive and misleading for any advertisement to contain the following:
1. The name of a person not licensed by the Board in connection with the name of a mortuary in any manner whatsoever, unless the unlicensed person is clearly and obviously identified in the advertisement as such by the use of the phrase "unlicensed and not qualified to make funeral arrangements, embalm or conduct funerals." The surname of an unlicensed person may appear in the title of a mortuary as registered with the Board.
i. The disclosure required pursuant to (g)1 above shall not apply to an intern registered with the Board who is acting under the supervision of a preceptor. If included in an advertisement, the name of the intern, the title "Registered Intern," and the registration number of the intern preceded by the phrase "N.J. Intern Registration No.______shall be listed."