Although much has been done at the federal level to control deceptive advertising practices, many states have no criminal laws designed to regulate advertising, and several states recently repealed such laws. This paper examines states' efforts to balance the advertiser's freedom of speech with the consumer's need for information about products by comparing state legislation with five descriptive elements of the term "deception" and seven provisions about deceptive business practices outlined in the "Model Penal Code" of 1962. Some of the unacceptable practices include mislabeling or adulterating products and making false or misleading statements. The paper reflects the assumption that the line of demarcation between legitimate, desirable business conduct and illegitimate business conduct is continually in flux and is subject to great controversy, which can account for the variety of legal interpretations made by the states. (RL)