For the purposes of NRS 642.5175, false or misleading advertising includes:

1. Advertising the price of caskets exclusively, without stating the prices of other merchandise and services.

2. Offering service at cost plus a percentage, when the determination of the cost lies within the control of the owner of the funeral establishment or direct cremation facility or the funeral director, funeral arranger or embalmer and is not published.

3. Advertising or selling certificates of stock participation or any form of agreement which creates the impression with the purchaser, when such is not a fact, that the purchaser becomes a part owner in the advertiser’s establishment or facility and is therefore entitled to special price privileges for funeral services.

4. Advertising prices below the reasonable economic cost of merchandise, service and overhead.

5. Advertising which impugns the honesty, trustworthiness or business or professional standards of competitors or which states that the prices charged by competitors are considerably higher than those charged by the advertiser, when such is not the fact.

6. Advertising which represents the advertiser to be the special defender of the public interest or which makes it appear that the advertiser is subjected to the combined attack of competitors. Such expressions as “independent,” “not in trust,” “not controlled by the combine” and other expressions having the same or similar import shall be deemed to be misleading unless it is shown by the advertiser that there is a “trust” or a “combine,” and that other funeral establishments or funeral directors constitute a monopoly for the purpose of maintaining prices or for any other purpose. The burden of proving the existence of a “trust,” “combine” or “monopoly” is upon the advertiser asserting the existence of that “trust,” “combine” or “monopoly.”

7. Advertising by a direct cremation facility which does not specifically indicate the limitations of the services provided.

8. Advertising under any name other than the name indicated on the permit to operate a funeral establishment or direct cremation facility.

(Added to NRS by 1959, 847; A 1995, 272; 2015, 1963) — (Substituted in revision for NRS 642.490)