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

To advertise products or services in Texas, you must comply with the state’s truth-in-advertising laws. These laws prohibit false, misleading, or deceptive advertising [2.3]. Here are some requirements to keep in mind:

Requirements for Truthful Advertising

  • Do not disseminate a statement that materially misrepresents the cost or character of the product or service [3.1].
  • Do not cause deception of the consumer with respect to the product advertised, create a misleading impression, or make untrue claims [1.4].
  • Do not use ambiguous, omitted, or inferred statements that tend to create a misleading impression [1.4].
  • Do not disparage a competitor’s product [1.4].
  • Do not use obscene or indecent language [1.4].
  • Do not use phrases that suggest the advertisement is offering professional, medical, or government agency advice about medications or medical devices rather than legal services [4.1].
  • Do not display the logo of a federal or state government agency in a manner that suggests the advertisement is presented by a federal or state government agency or by an entity approved by or affiliated with a federal or state government agency [4.1].
  • Do not use the term “recall” when referring to a product that has not been recalled by a government agency or through an agreement between a manufacturer and government agency [4.1].

In addition to the above requirements, there are specific advertising restrictions for certain industries in Texas. For example, dental advertising must comply with rules adopted by the Board to regulate advertising [2.1]. Out-of-state providers of dental services may not advertise in Texas without disclosing that they are not licensed to practice dentistry in Texas [2.2]. Alcoholic beverage advertising is subject to specific rules and restrictions, including prohibitions on certain forms of advertising and requirements for outdoor advertising [1.2][1.3][1.5][1.6]. Finally, deceptive wholesale and going-out-of-business advertising is prohibited [3.2].

Violating truth-in-advertising laws can result in fines and other penalties. For example, a person who violates Subsection (a) or (b) of Section 17.12 of the Texas Business and Commerce Code is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $200 [3.1].

If you have any doubts about the legality of your advertising, you should consult with a legal professional.

Source(s):
Jurisdiction

Texas