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

To advertise products or services in Massachusetts, you must comply with the state’s truth-in-advertising laws. These laws prohibit false, misleading, or deceptive advertising.

Requirements for Truthful Advertising

To comply with truth-in-advertising laws in Massachusetts, you must ensure that your advertisements are truthful and not misleading. This means that you must:

  • Make sure that all claims made in your advertisements are accurate and can be substantiated with evidence [1.1].
  • Disclose all material information about your products or services that could affect a consumer’s decision to purchase them [1.1].
  • Avoid making false or misleading statements about your products or services, including their quality, characteristics, or benefits [1.1].

Permits for Outdoor Advertising

If you plan to advertise your products or services using billboards, signs, or other outdoor advertising devices, you may need to obtain a permit from the Massachusetts Outdoor Advertising Board [1.1].

To obtain a permit, you must provide written notice of your application at least 30 days before the proposed location of the advertising device [1.1]. The Board may also require that the device be located in certain areas and meet certain size and clearance standards [1.1].

Additional Requirements

If you are advertising new motor vehicles, you must include all charges of any type, except taxes, in the advertised price [2.1].

If you plan to advertise on highways in the interstate or primary systems, your advertising device must be located at least 660 feet from the nearest edge of the right-of-way and visible from the main traveled way, unless it falls under certain exceptions [3.1][3.2].

Conclusion

To advertise your products or services in Massachusetts, you must ensure that your advertisements are truthful and not misleading. If you plan to use outdoor advertising devices, you may need to obtain a permit from the Massachusetts Outdoor Advertising Board. Additionally, if you are advertising new motor vehicles or on highways in the interstate or primary systems, there are additional requirements you must follow.

[1.1]: MGL Chapter 93, Section 29 [2.1]: MGL Chapter 93B, Section 7 [3.1]: MGL Chapter 93D, Section 2 [3.2]: MGL Chapter 93D, Section 2A]

Source(s):
Jurisdiction

Massachusetts