Ask Reggi Your Question Now
Can I advertise my products or services without violating truth-in-advertising laws in Pennsylvania? What are the requirements?
To advertise products or services in Pennsylvania, you must comply with the state’s truth-in-advertising laws. These laws prohibit false, misleading, or deceptive advertising.
Requirements for Truthful Advertising
To comply with Pennsylvania’s truth-in-advertising laws, your advertisements must:
- Be truthful and not misleading
- Clearly and conspicuously disclose all material terms and conditions of the offer
- Avoid making false or unsubstantiated claims
- Avoid using deceptive or misleading images or graphics
- Avoid using bait-and-switch tactics
- Avoid making false or misleading comparisons to competitors
- Avoid making false or misleading claims about the product’s benefits or effectiveness
Penalties for Violating Truth-in-Advertising Laws
Violating Pennsylvania’s truth-in-advertising laws can result in civil penalties, including fines and injunctions. In some cases, violators may also be subject to criminal penalties.
Additionally, businesses should be aware of the requirements for official and legal advertising, including the need to publish in the proper newspapers and file proof of publication [1.1][1.2][1.3][1.4].
Regarding advertising insurance business, it is unlawful to advertise for any insurance company, association, society, exchange or person which has not been authorized to do business in Pennsylvania [2.1].
If you are advertising mortgage loan business, you must be licensed as a mortgage broker, mortgage lender, mortgage servicer or mortgage originator as provided under Pennsylvania law [3.2].
If you violate Pennsylvania’s truth-in-advertising laws, you may face civil penalties, including fines and injunctions [4.1].
Therefore, to advertise your products or services in Pennsylvania without violating truth-in-advertising laws, you must ensure that your advertisements are truthful, clearly disclose all material terms and conditions, and avoid making false or misleading claims. Additionally, you should be aware of the requirements for official and legal advertising and any licensing requirements for your specific industry.
Source(s):
- [1.1] Effect of failure to advertise when required.
- [1.2] Level of advertising rates.
- [1.3] Establishment and change of advertising rates.
- [2.1] Unlawful advertising of insurance business.
- [1.4] No unauthorized advertisements to be published.
- [3.2] License requirements.
- [4.1] Civil action to enjoin or abate violations.
Jurisdiction
Pennsylvania