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

Advertising Requirements in Louisiana

To advertise your products or services without violating truth-in-advertising laws in Louisiana, you must comply with the following requirements:

  1. Do not engage in false or misleading advertising [1.1].
  2. Do not make any representation, express or implied, of absolute or complete protection from fallout or blast under any and all conditions [5.1].
  3. Do not use any advertisement which would mislead prospective buyers, through pictorial representations or in any other manner, as to the protection afforded by a shelter or as to the size, composition, construction, design, capacity, quality, cost or manner of installation, fire or water-resistant properties, location or utility of a shelter or any part thereof, or which would be misleading in any other material respect [5.1].
  4. If you are a state board, commission, department, bureau, or similar agency of the state regulating the practice of a trade or profession and exercising rulemaking powers, you cannot make any rule or regulation which limits or restricts the right to advertise, except to prohibit false or misleading advertising [1.1].
  5. If you are a public institution of higher education, you may expend public funds for advertising designed for certain purposes, such as increasing the number of other race students enrolled in a public institution of higher education, promoting the goals established in the Master Plan for Public Postsecondary Education, or promoting the services and programs offered by learning centers [4.1].

In addition to the above requirements, Louisiana has specific laws and regulations regarding advertising. For example, if you are authorized by law to sell at public auction, you must advertise as required by law, or you will be personally liable for all damages which result therefrom [2.1]. Also, publishers, radio broadcast licensees, television broadcast licensees, advertising agencies, and other agencies or mediums for dissemination of advertising do not violate the provisions of R.S. 40:700.2 by the dissemination of any false advertisement when the dissemination is caused by the manufacturer, packer, distributor, or seller who resides in Louisiana. However, the manufacturer, packer, distributor, or seller is amenable to prosecution and the penalties provided for the violations of R.S. 40:700.2 [3.1].

Therefore, to advertise your products or services without violating truth-in-advertising laws in Louisiana, you must comply with the requirements listed above, as well as any other relevant laws and regulations.

Source(s):
Jurisdiction

Louisiana