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

To advertise products or services in New York without violating truth-in-advertising laws, you must ensure that your advertisements are not false, misleading, or deceptive. The New York General Business Law prohibits false advertising in the conduct of any business, trade, or commerce [1.1][1.2]. Additionally, the law prohibits deceptive acts or practices in the conduct of any business, trade, or commerce [1.3].

To comply with these laws, your advertisements must be truthful and not misleading. You must not make false claims about your products or services, and you must not omit important information that would affect a consumer’s decision to purchase your products or services.

If you are sending unsolicited telefacsimile messages promoting goods or services for purchase, you must comply with the requirements of NYCL GBS § 396-AA*2. This law requires that every unsolicited telefacsimile message sent to a recipient must contain a notice that informs the recipient of the ability to prevent the transmission of future unsolicited telefacsimile messages. The notice must be clear and conspicuous and on the first page of the telefacsimile message and include a domestic contact telephone number and facsimile machine number for the recipient to transmit such a request to the initiator. If neither the required telephone number or facsimile machine number is a toll-free number, a separate cost-free mechanism including a website address or email address, for a recipient to transmit a request pursuant to such notice to the sender of the message shall also be provided [4.2].

Furthermore, in any city with a population of one million or more, no person shall place, or cause or permit to be placed on private property any unsolicited papers, fliers, pamphlets, handbills, circulars, or other materials advertising a business or soliciting business where the owner has posted, in a conspicuous location, a sign stating that the placement of such materials shall be prohibited [4.1].

In summary, to advertise your products or services in New York without violating truth-in-advertising laws, you must ensure that your advertisements are truthful and not misleading. If you are sending unsolicited telefacsimile messages, you must comply with the requirements of NYCL GBS § 396-AA*2. Additionally, you must not distribute unsolicited advertising on private property where the owner has posted a sign prohibiting such materials [4.1].

Source(s):
Jurisdiction

New York