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

Advertising Requirements in North Dakota

To advertise products or services in North Dakota without violating truth-in-advertising laws, you must ensure that your statements are true and not misleading. According to NDCC Section 51-12-08 [1.2], it is unlawful to make any statement concerning real or personal property or services, professional or otherwise, which is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading. Additionally, NDCC Section 51-12-10 [1.2] prohibits making or disseminating any statement or assertion of fact in a newspaper, circular, form letter, or other publication published or circulated in any language in this state, concerning the extent, location, ownership, title, or other characteristic, quality, or attribute of any real estate located in this state or elsewhere, which is known to the person to be untrue and which is made or disseminated with the intention of misleading.

To ensure compliance with these laws, it is recommended that you carefully review and fact-check all statements made in your advertisements. If you are unsure whether a statement is true or misleading, it is best to err on the side of caution and not include it in your advertisement.

It is also important to note that NDCC Section 51-12-12 [1.2] makes it unlawful for any proprietor or publisher of any newspaper or periodical willfully and knowingly to misrepresent the circulation of the newspaper or periodical, for the purpose of securing advertising or other patronage.

Furthermore, NDCC Section 51-15-02 [3.3] declares the act, use, or employment by any person of any deceptive act or practice, fraud, false pretense, false promise, or misrepresentation, with the intent that others rely thereon in connection with the sale or advertisement of any merchandise, whether or not any person has in fact been misled, deceived, or damaged thereby, is declared to be an unlawful practice.

In summary, to advertise products or services in North Dakota without violating truth-in-advertising laws, you must ensure that your statements are true and not misleading, fact-check all statements made in your advertisements, avoid misrepresenting the circulation of any newspaper or periodical, and avoid any deceptive act or practice.

Other Advertising Requirements

  • Use of check endorsements for advertising obligations is prohibited [3.2].
  • Outdoor advertising beyond distance limitations is prohibited [2.3].
  • Disclosure requirements must be met for cigarette sales [4.1].
  • Registration and reporting requirements must be met for cigarette sales [4.2].

It is important to review the specific requirements outlined in each of these documents to ensure compliance with all advertising laws in North Dakota.

Source(s):
Jurisdiction

North Dakota