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

Advertising Requirements in Nebraska

To advertise your products or services in Nebraska, you must comply with the truth-in-advertising laws. The Nebraska truth-in-advertising laws prohibit false, misleading, or deceptive advertising [3.1].

Seller-Assisted Marketing Plans

If you are offering a seller-assisted marketing plan, you must comply with the disclosure requirements and avoid making any guarantees of earnings or ranges of earnings [2.3]. The Nebraska Department of Banking and Finance requires that the disclosure document for a seller-assisted marketing plan contain a statement that no guarantee of earnings or ranges of earnings can be made [2.3].

Before placing any advertisement, making any other solicitation, making any sale, or making any representations to any prospective purchaser in Nebraska, the seller shall file with the Department of Banking and Finance a copy of a disclosure document prepared pursuant to sections 59-1733 to 59-1740 and pay a filing fee of one hundred dollars [2.2].

Discrimination

If you are engaged in the production, manufacture, or distribution of any commodity in general use, you must not intentionally discriminate between different sections, communities, or cities of Nebraska by selling such commodity at a lower rate in one section, community, or city than is charged for said commodity by said party in another section, community, or city, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point of production, if a raw product, or from the point of manufacture, if a manufactured product [2.6].

Conclusion

Based on the available documents, it is recommended that you review the Nebraska truth-in-advertising laws and ensure that your advertising is not false, misleading, or deceptive. Additionally, if you are offering a seller-assisted marketing plan, you must comply with the disclosure requirements and avoid making any guarantees of earnings or ranges of earnings. Finally, if you are engaged in the production, manufacture, or distribution of any commodity in general use, you must not intentionally discriminate between different sections, communities, or cities of Nebraska by selling such commodity at a lower rate in one section, community, or city than is charged for said commodity by said party in another section, community, or city.

Source(s):
Jurisdiction

Nebraska