Both federal and state laws govern marketing. If your ad has the potential to mislead or defraud, it is illegal. This means the state only has to show that the ad had a misleading nature in an evidentiary hearing or in court, not that it really deceived anybody. It makes no difference what your intentions are.
Even if you have the finest intentions, if your advertisement is false, you will face legal consequences. The overall image conveyed by the advertisement is what matters, not the technical accuracy of the individual pieces. Your ad as a whole must properly educate the average buyer.
The following guidelines will assist you in keeping your adverts within safe, legal bounds.
Rule 1 — Be True
Ensure your adverts are literally accurate and do not deceive or mislead potential customers. Don’t display a photo of this year’s model of a product if what you’re selling is last year’s model, even if they appear practically the same.
Rule 2: Obtain Approval
Is there a photo or an endorsement in your ad? Is it based on information authored by someone who isn’t on your team or who works for your advertising agency? Is it a national organization’s name, such as the Boy Scouts or the Red Cross? If that’s the case, acquire written authorization.
Rule 3: Be Fair to Opponents
Don’t disparage other people’s goods, services, or reputation by providing false or misleading information. If you’re comparing your products and services to those of other businesses, double-check your data to ensure that every claim in your ad is true. Then double-check.
Rule 4: Have Enough Supplies on Hand
When you promote things for sale, make every effort to ensure that you have enough on hand to meet the expected demand. If you don’t believe you’ll be able to match the demand, specify that quantities are restricted in your ad. It’s also a good idea to specify how many units you have on hand.
Rule 5 – Look Out for the Term “Free”
If you mention anything is “free” or “without charge,” be sure there are no hidden limits or conditions that limit the offer. If there are any restrictions, make them explicit and visible.
