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

Yes, you can advertise your products or services in Indiana, but you must comply with the state’s truth-in-advertising laws. The requirements for advertising in Indiana depend on the type of product or service being advertised. Here are some of the requirements for specific types of advertising:

Advertising Business Opportunities

If you are advertising a business opportunity in Indiana, you must comply with IC 24-5-8-4. Before placing any advertisement or making any other representations to any investor in Indiana, the seller must file a copy of the disclosure statement required by section 2 of this chapter and the bond required by section 3 of this chapter with the consumer protection division of the office of the attorney general and pay an initial filing fee of fifty dollars ($50). The seller must amend these filings when any material change in the information occurs and shall pay a fee of ten dollars ($10) for filing the amendment. If the seller continues to solicit business opportunities in Indiana, he shall pay annually a renewal fee of ten dollars ($10) on or before the anniversary date of the initial filing for the particular business opportunity. The director of the consumer protection division of the office of the attorney general or his designate shall maintain a record of all filings made under this chapter and shall assign a registration number to each of them. The seller shall be advised in writing of the assigned number. Any advertisements, pamphlets, brochures, or any other materials used in the solicitation of a business opportunity must include the assigned registration number in the following manner: “C.P.D. Reg. No. ____ .” [1.1]

Advertising Alcoholic Beverages

If you are advertising alcoholic beverages in Indiana, you must comply with IC 7.1-5-2-7. A primary source of supply, wholesaler, or salesman of alcoholic beverages, or the agent or representative of a primary source of supply, wholesaler, or salesman of alcoholic beverages may not directly or indirectly place, display, or maintain or cause to be placed, displayed, or maintained a sign advertising alcoholic beverages by brand name within two hundred (200) feet of a premises having a retailer or dealer permit to sell alcoholic beverages. The distance must be determined by measuring between the nearest point on the licensed premises to the nearest point of the sign. A sign advertising alcoholic beverages by brand name may not indicate by arrows, hands, or other similar devices a particular retailer or dealer premises. Notwithstanding subsection (a), a primary source of supply, wholesaler, or salesman of alcoholic beverages, or the agent or representative of a primary source of supply, wholesaler, or salesman of alcoholic beverages may place, display, maintain or cause to be placed, displayed, or maintained temporary banners or pennants advertising alcoholic beverages by brand name on or within two hundred (200) feet of a retailer or dealer premises if the banners or pennants commemorate a sporting event, festival, or holiday held in Indiana. The banners or pennants may be displayed under this subsection beginning twenty-one (21) days before the sporting event, festival, or holiday and ending five (5) days after the close of the sporting event, festival, or holiday. [4.1]

Advertising Commercial Real Estate

If you are advertising commercial real estate in Indiana, you must comply with IC 25-34.1-3-11. An out-of-state commercial broker, for a fee, commission, or other valuable consideration, or in expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration, may not perform acts with respect to commercial real estate that require a license under this article without a license under this article, if the out-of-state commercial broker does all of the following: (1) Works in cooperation with a broker who holds a valid license issued under this article. (2) Enters into a written agreement with the broker described in subdivision (1) that includes the terms of cooperation and compensation and a statement that the out-of-state commercial broker and the broker’s agents will comply with the laws of this state. (3) Furnishes the broker described in subdivision (1) with a copy of the out-of-state commercial broker’s current certificate of good standing or other proof of a license in good standing from a jurisdiction where the out-of-state commercial broker maintains a valid real estate license. (4) Files an irrevocable written consent with the commission that legal actions arising out of the conduct of the out-of-state commercial broker or the broker’s agents may be commenced against the out-of-state commercial broker in a court with jurisdiction in a county in Indiana in which the cause of action accrues. (5) Advertises in compliance with state law and includes the name of the broker described in subdivision (1) in all advertising. [6.1]

Advertising Professional Services

If you are advertising professional services in Indiana, you must comply with IC 25-1-10.3-2. “Advertisement” means any printed, electronic, or oral statement that is communicated or disseminated to the general public that is intended to encourage a person to use a practitioner’s professional services or for commercial purposes, names a practitioner in connection with the practice, profession, or institution in which the practitioner is employed, volunteers, or provides health care services, and that the practitioner or the practitioner’s group practice has control over the preparation, communication, or dissemination of the statement. The term includes the communication or dissemination as described in subsection (a) of any other communication or statement used in the course of business for the purpose of promoting a practitioner’s services offered to the public. The term does not include office building placards or exterior building signage that was in place before January 1, 2023. [3.3]

Other Advertising Requirements

Other advertising requirements in Indiana include IC 24-4.7-2-5, which defines “doing business in Indiana” and includes making or causing others to make telephone sales calls to consumers located in Indiana, and IC 25-1-10.3-7, which sets forth requirements for advertisements that include a practitioner’s name, such as prominently stating the profession or license held by the practitioner and not including any deceptive or misleading information. [2.1][3.1][2.2][5.1][3.2][1.2]

If you fail to comply with any provision of the advertising laws in Indiana, you commit a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and are subject to the penalties enumerated in IC 24-5-0.5. [1.4]

Source(s):
Jurisdiction

Indiana