Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

Here are the requirements for advertising products or services in Florida without violating truth-in-advertising laws:

Truth-in-Advertising Laws in Florida

Florida law prohibits intentional false advertising [1.1]. It is unlawful to offer for sale or to issue invitations for offers for the sale of any property or services by placing or causing to be placed before the general public, by any means whatever, an advertisement describing such property or services as part of a plan or scheme with the intent not to sell such property or services so advertised, or with the intent not to sell such property or services at the price at which it was represented in the advertisement to be available for purchase by any member of the general public. The failure to sell any article or a class of articles advertised, or the refusal to sell at the price at which it was advertised to be available for purchase, shall create a rebuttable presumption of an intent to violate this section [1.1]. Misleading advertising is also prohibited [1.2].

Exemptions

Florida law exempts advertising in connection with sales of insurance which are regulated under the insurance laws of this state from the truth-in-advertising laws [1.4]. Additionally, publishers of newspapers, magazines, or other publications, or the owner or operator of a radio station, television station, or other advertising media, who place before the public an advertisement in good faith without knowledge that the person so engaging or hiring such owner, operator, or publisher has the intent not to sell the property or services so advertised or with the intent not to sell such property or services at the price at which it was represented in the advertisement to be available for purchase by any member of the general public are exempt from the truth-in-advertising laws [1.1].

Requirements

If you are a commercial telephone seller or an entity providing substance abuse marketing services, you must obtain a license from the department before doing business in Florida [2.2]. Doing business in Florida includes either telephone solicitation from a location in Florida or solicitation from other states or nations of purchasers located in Florida [2.2]. An applicant for a license as a commercial telephone seller or as an entity providing substance abuse marketing services must submit to the department a written application for the license [2.2]. The application must set forth certain information, including the true name, date of birth, driver license number or other valid form of identification, and home address of the applicant, each business or occupation engaged in by the applicant during the 3 years immediately preceding the date of the application, and the location thereof, and whether the applicant has previously been arrested for, convicted of, or is under indictment or information for, a felony and, if so, the nature of the felony [2.2]. The application must also be accompanied by a bond, letter of credit, or certificate of deposit satisfying the requirements of s. 501.611 and a fee for licensing in the amount of $1,500 [2.2].

Florida law also prohibits fraudulent marketing practices [1.3], and the Department of Agriculture and Consumer Services is authorized to adopt rules that implement, make specific, and interpret the provisions of this part [3.1]. Additionally, the Florida Free Gift Advertising Law prohibits deceptive misuse of the term “free” and words of similar meaning and intent in advertising [1.5].

In summary, to advertise products or services in Florida without violating truth-in-advertising laws, you must ensure that your advertisements are not intentionally false or misleading, and that you are not engaging in fraudulent marketing practices. If you are a commercial telephone seller or an entity providing substance abuse marketing services, you must obtain a license from the department before doing business in Florida. Finally, if you are offering any items as “free” in your advertising, you must comply with the Florida Free Gift Advertising Law.

Source(s):
Jurisdiction

Florida