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Can I advertise my products or services without violating truth-in-advertising laws in Missouri? What are the requirements?
Advertising Requirements in Missouri
To advertise products or services in Missouri without violating truth-in-advertising laws, you must ensure that your advertising is not false, deceptive, or misleading [1.1]. Here are some additional requirements to keep in mind:
- If you intend to use any promotional device or program, including sweepstakes, gift awards, or drawing, to advertise, solicit sales, or sell any time-share period, time-share plan, or time-share property, you must notify the Missouri attorney general in writing of this intention not less than fourteen days prior to release of such materials to the public. You must also include an exact copy of each promotional device and promotional program to be used, and each promotional device, promotional program, and the notice thereof must include specific information [1.3].
- If you are advertising a rental-purchase agreement, your advertisement must clearly and conspicuously state that the transaction advertised is a rental-purchase agreement, the total amount and number of payments necessary to acquire ownership of the merchandise, and that the consumer does not acquire ownership rights in the merchandise until all payments have been made under the terms of the agreement [1.5].
- Franchisees and franchisors are prohibited from using any false, deceptive, or misleading advertising [1.2].
In addition to the above requirements, there are other laws in Missouri that may impact advertising, such as laws related to the sale of milk products [2.1], the preference for Missouri products and firms [3.1][3.2], and license approval in metropolitan areas for minorities [1.4].
Conclusion
To summarize, to advertise products or services in Missouri without violating truth-in-advertising laws, you must ensure that your advertising is not false, deceptive, or misleading, and comply with the specific requirements for promotional devices and programs, rental-purchase agreements, and franchisors. It is also important to be aware of other laws in Missouri that may impact advertising.
Source(s):
- [1.1] False advertising prohibited.
- [1.2] False advertising, prohibition.
- [2.1] Selling or advertising milk at less than cost prohibited — evidence.
- [1.3] Promotion program, notice to attorney general, requirements — unlawful practices — failure to comply, penalty.
- [3.1] Listing of Missouri products, office of administration to compile and provide access — state agencies to make good faith search for Missouri companies to provide products and services.
- [3.2] Preference to Missouri products and firms.
- [1.4] License approval in metropolitan areas, minorities.
- [1.5] Advertisements, requirements.
Jurisdiction
Missouri