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 N.M. Stat. Ann.]. Any proceeding initiated under this section by a private citizen shall be initiated on his behalf and all others similarly situated.

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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.