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

To advertise your products or services in Ohio without violating truth-in-advertising laws, you must adhere to the following requirements:

Truth-in-advertising laws in Ohio

Ohio law prohibits false, misleading, or deceptive advertising [1.2]. The Ohio Attorney General’s Office enforces these laws and investigates complaints of deceptive advertising practices [1.2].

Advertising devices

Ohio law regulates the use of advertising devices, including billboards and signs, along highways and in urban areas [1.2][1.3][1.6][1.7]. The Ohio Department of Transportation (ODOT) is responsible for enforcing these regulations [1.2].

  • Advertising devices must comply with specific rules and requirements, including size, lighting, and spacing [1.2][1.3][1.6][1.7].
  • Advertising devices must be located in commercial or industrial zones or on the premises of a professional sports facility [1.7].
  • Advertising devices must not be erected or maintained within 660 feet of the edge of the right-of-way of a highway on the interstate system, except in commercial or industrial zones within municipal corporation boundaries as of September 21, 1959, and on the premises of a professional sports facility [1.7].
  • Advertising devices must not be erected or maintained outside urban areas more than 660 feet from the right-of-way of the main traveled way of a highway on the interstate or primary system if visible from such main traveled way [1.2].
  • Advertising devices must not be located both inside an urban area and outside the boundaries of a municipal corporation without first obtaining a permit and permit plates from ODOT [1.6].
  • Nonconforming advertising devices may be maintained subject to the permit provisions of section 5516.10 of the Revised Code [1.2][1.4].

Real estate advertising

If you are a licensed real estate broker or salesperson advertising to buy, sell, exchange, or lease real estate, you must identify yourself by name and indicate the name of the brokerage with which you are affiliated [2.1]. If you advertise property that you own, you must identify yourself by name and indicate that the property is agent-owned, and if the property is listed with a real estate brokerage, you must also indicate the name of the brokerage with which the property is listed [2.1].

Certification for investment offerings

If you are advertising investment offerings through an OhioInvests portal, you must obtain a certification from each prospective purchaser stating that they understand and acknowledge the high-risk nature of the investment and the lack of review or approval by any state or federal securities commission or division [5.1].

To ensure compliance with truth-in-advertising laws in Ohio, it is important to obtain the necessary permits and adhere to the rules and regulations set forth by ODOT and other relevant authorities.

Source(s):
Jurisdiction

Ohio