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

Advertising Requirements in Iowa

To advertise products or services in Iowa without violating truth-in-advertising laws, businesses must ensure that their advertisements are truthful and not misleading. Advertisements must not contain false or misleading statements, or omit material information that would make the advertisement misleading. Additionally, businesses must comply with regulations regarding advertising devices [2.2].

Deceptive Advertising Practices

Deceptive advertising practices are prohibited in Iowa. These are defined as acts or practices that have the tendency or capacity to mislead a substantial number of consumers as to a material fact or facts [2.2].

Educational Courses

If you are advertising educational courses for profit or tuition charge, you must not falsely advertise or represent any matter material to the course. All advertising of such courses must adhere to and comply with the applicable rules and regulations of the Federal Trade Commission. You must not collect tuition or other charges in excess of $150 in the case of educational courses offered by correspondence, in advance of the receipt and approval by the pupil of the first assignment or lesson of such course. Any contract providing for advance payment of more than $150 shall be voidable on the part of the pupil or any person liable for the tuition provided for in the contract. You must not promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by an educational course, unless the promisor or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ said student or prospective student for a period of not less than one hundred twenty days in a business or other enterprise regularly conducted by the promisor or guarantor and in which such information, training, or skill is a normal condition of employment [2.1].

Penalties for Violations

Violations of advertising regulations in Iowa can result in penalties. Whoever erects or maintains an advertising device in violation of Chapter 306B or in violation of rules and regulations promulgated by the department under this chapter shall be guilty of a simple misdemeanor [1.3]. A person shall not make or cause to be made a misleading statement in a disclosure document required pursuant to section 551A.3 or in a proceeding under this chapter. The statement shall be deemed to be misleading if any of the following apply: a. At the time and in the light of the circumstances under which it is made, the statement is false or misleading in a material respect. b. An omission of a material fact is necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading [3.2].

Conclusion

To advertise products or services in Iowa without violating truth-in-advertising laws, businesses must ensure that their advertisements are truthful and not misleading. Advertisements must not contain false or misleading statements, or omit material information that would make the advertisement misleading. Additionally, businesses must comply with regulations regarding advertising devices. Violations of advertising regulations can result in penalties.

Source(s):
Jurisdiction

Iowa