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

Truth-in-Advertising Laws in New Mexico

To advertise products or services in New Mexico without violating truth-in-advertising laws, you must ensure that your advertising is not misleading in any material respect [4.1]. False advertising in the conduct of any business, trade, or commerce or in the furnishing of any service in New Mexico is unlawful [4.2].

Specific Requirements

  • If you advertise, describe, label, or offer for sale a product as containing New Mexico chile, the chile peppers in the product must have been grown in New Mexico [1.1][1.2][1.4].
  • If you use the name of any city, town, county, village, pueblo, mountain, river, or other geographic feature or features located in New Mexico in a misleading or deceptive manner that states or reasonably implies that the chile peppers are, or the product contains, New Mexico chile, the chile peppers in the product must have been grown in New Mexico [1.1][1.2][1.4].
  • If you advertise, describe, label, or offer for sale chile peppers or products containing chile peppers as New Mexico chile, the New Mexico department of agriculture through its authorized inspectors or agents is authorized to audit the purchase and sales records of a person dealing with the sale of chile peppers or products containing chile peppers that are advertised, described, labeled, or offered for sale as New Mexico chile, enter a store, market, or other business or place for the limited purpose of inspecting the establishment’s records related to chile peppers or products containing chile peppers being advertised, described, labeled, or offered for sale as New Mexico chile or as containing New Mexico chile, and issue stop-sale, use, or removal orders with respect to any violation of the New Mexico Chile Advertising Act [1.3][1.4].
  • If you sell tobacco products, you must obtain a retailer license issued by the division to that person or that person’s employer for that location [5.3][5.2]. The application for a retailer license or for a retailer license renewal shall include the name, telephone number, mailing address, and email address of the applicant, the address of the applicant’s principal place of business and every location where the applicant sells tobacco products, and a nonrefundable application fee not to exceed seven hundred fifty dollars ($750) per location or a renewal fee not to exceed four hundred dollars ($400) per location [5.3][5.2].
  • Any health care practitioner advertising services to the public shall state in the advertisement his name, address or telephone number and the designation of the profession in which he is licensed or certified to practice. Anyone violating this provision is guilty of a misdemeanor [2.1].
  • A rule adopted or order issued pursuant to the New Mexico Uniform Securities Act may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser [3.1][3.2].

In summary, to advertise products or services without violating truth-in-advertising laws in New Mexico, you must ensure that your advertising is not misleading in any material respect. If you sell tobacco products, you must obtain a retailer license. If you advertise, describe, label, or offer for sale chile peppers or products containing chile peppers as New Mexico chile, you may be subject to audits and inspections by the New Mexico department of agriculture.

Source(s):
Jurisdiction

New Mexico