{"id":4583,"date":"2016-04-04T10:47:36","date_gmt":"2016-04-04T15:47:36","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/business-operations\/marketing-and-advertising-laws.html"},"modified":"2024-06-06T03:28:50","modified_gmt":"2024-06-06T08:28:50","slug":"marketing-and-advertising-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/business-operations\/marketing-and-advertising-laws.html","title":{"rendered":"Marketing and Advertising Laws"},"content":{"rendered":"\n
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Marketing and Advertising Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Marketing and advertising are the lifeblood of small businesses. Without an effective marketing plan, startups would vanish almost as fast as they sprout. Advertising allows small business owners to find new customers. It also helps them inform existing customers about new products. The only difference between today’s advertising and 100 years ago is the presence of social media marketing channels.<\/p>\r\n

Laws regulating marketing and advertising have not changed much. Existing rules about deceptive advertising, direct mail marketing, and special offers are the same whether you have print or electronic coupons. This article is about the modern take on small business marketing laws and how to follow FTC requirements.<\/p>\r\n

We make business formation EASY. Click here to start your free LLC.<\/a>.<\/b><\/p>\r\n

Legal Considerations for Advertising<\/h2>\r\n

The Federal Trade Commission (FTC)<\/a> regulates advertising and marketing for all types of businesses. It is particularly concerned with truthful advertising and preventing scams on both sides of the business relationship. The government wants companies to be honest with customers, but it also wants to protect businesses from scammers and cyber thieves.<\/p>\r\n

The FTC enforces rules about the content and style of advertising, online and old-school. Understand these rules before creating your ad campaign, and you can avoid most legal pitfalls.<\/p>\r\n

Truth in Advertising<\/h3>\r\n

"Truth-in-advertising" laws<\/a> state that unfair and deceptive acts or practices affecting commerce are illegal. And yet, "everybody knows" that advertising is fake, right? Not really. Advertising must follow some guidelines.<\/p>\r\n