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

Here are the requirements for truth-in-advertising laws in Maryland:

Truth-in-Advertising Laws in Maryland

In Maryland, truth-in-advertising laws are governed by the Maryland Commercial Law Code, Sections 11-701 to 11-707 [1.1][1.2][1.3][1.4][1.5][1.6][1.7][1.8]. These laws prohibit businesses from advertising falsely in the conduct of any business, trade, or commerce or in the provision of any service [1.6].

Requirements for Advertising in Maryland

To avoid violating truth-in-advertising laws in Maryland, businesses must ensure that their advertisements are not misleading in a material respect [1.2]. Any representation made by statement, word, design, device, or sound, whether alone or together, must be considered [1.3]. Additionally, businesses must ensure that their advertisements reveal all material facts with respect to the advertised commodity or service under customary or usual conditions or as described in the advertisement [1.3].

Violations and Penalties

A person who violates any provision of the truth-in-advertising laws in Maryland is subject to a penalty not exceeding $500 for each violation, which penalty the Attorney General may recover for the State in a civil action [1.7]. However, before the Attorney General commences any action under this section, he shall give to the person against whom the action is proposed notice by registered or certified mail of the proposed action and an opportunity to show cause orally or in writing why the action should not be commenced [1.7].

Exceptions

The truth-in-advertising laws in Maryland do not apply to any television or radio broadcasting station which broadcasts an advertisement, publisher or printer of a newspaper, magazine, or other form of printed advertisement who publishes or prints an advertisement, or publisher, printer, or distributor, including a telephone company or directory provider, of an advertisement or telephone listing in a telephone directory [1.5].

Conclusion

To advertise products or services in Maryland without violating truth-in-advertising laws, businesses must ensure that their advertisements are not misleading in a material respect and reveal all material facts with respect to the advertised commodity or service under customary or usual conditions or as described in the advertisement.

Source(s):
Jurisdiction

Maryland