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Can I advertise my products or services without violating truth-in-advertising laws in Delaware? What are the requirements?

Advertising Requirements in Delaware

To advertise products or services in Delaware without violating truth-in-advertising laws, the following requirements must be met:

Truthful and Non-Deceptive Advertising

Advertising must be truthful and not misleading. No outdoor advertising signs, displays or devices shall display copy which violates any federal or state law, or which is offensive to the moral standards of the community at the time the copy is offered for display, or which is false, misleading or deceptive [1.1].

Advertising Identification

Each outdoor advertising sign, display or device shall bear an identifying tag or plate to be issued by the Department, and, upon erection shall bear the name of the party responsible for the erection and maintenance of the sign [1.3].

Limitations of Outdoor Advertising in Controlled Areas

No outdoor advertising sign, display or device, any part of the advertising, informative or attention attracting contents of which is visible from the main traveled way of a highway of the interstate system or primary system, shall be erected or maintained within a controlled area, unless it shall come within 1 or more of the following categories [1.5]:

  • Directional and other official signs and notices
  • Signs, displays and devices advertising the sale or lease of the real property upon which they are located
  • Signs, displays and devices advertising activities conducted on the real property upon which they are located
  • Signs, displays and devices located in controlled areas adjacent to the interstate system and within the boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property is subject to municipal regulation and control, which are zoned industrial or commercial
  • Signs, displays and devices located in controlled areas adjacent to highways of the primary system which are zoned industrial or commercial
  • Signs, displays and devices located in unzoned commercial and industrial controlled areas adjacent to highways of the primary system and defined by regulations to be promulgated by the Department
  • Any school bus waiting shelter displaying a sign provided such sign does not exceed 32 square feet in area and with a limit of 2 signs per shelter.

Prohibitions on Online Marketing or Advertising to a Child

An operator of an internet website, online or cloud computing service, online application, or mobile application directed to children may not market or advertise a product or service described in subsection (f) of this section on that internet website, online or cloud computing service, online application, or mobile application [4.1].

Delaware Byways Program

The Delaware Byways Program provides criteria for the size, spacing, and lighting of signs which effectively control the erection of outdoor advertising signs, displays, and devices erected subsequent to July 14, 1969, other than those advertising the sale or lease of the property on which they are located, or activities conducted thereon [1.2].

Door-to-Door Sales

Door-to-door salespersons must display a door-to-door salesperson identification card obtained from the Department of Finance while soliciting a door-to-door sale [3.1].

Enforcement of Advertising Laws

The Department of Transportation enforces outdoor advertising laws in Delaware and makes, publishes, and enforces regulations for the proper control and restriction of outdoor advertising signs, displays, and devices as may be necessary or advisable to implement the policy and accomplish the purposes of this chapter [1.7].

Therefore, to advertise products or services in Delaware, it is important to ensure that the advertising is truthful and not misleading, and that it complies with the limitations on outdoor advertising in controlled areas.

Source(s):
Jurisdiction

Delaware