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

To advertise your products or services in West Virginia, you must comply with the state’s truth-in-advertising laws. According to WVCO 32A-1-2, any person who makes, publishes, disseminates, circulates, or places before the public an advertisement containing any promise, assertion, representation, or statement of fact that is untrue, deceptive, or misleading, with knowledge that the same was untrue, deceptive, or misleading, shall be guilty of a misdemeanor. Additionally, WVCO 47-28-3 prohibits deceptive legal advertising practices, such as failing to contain the statement “This is a paid advertisement for legal services,” presenting a legal advertisement as a “consumer medical alert,” or using the logo of a federal or state government agency in a manner that suggests affiliation with the sponsorship of that agency.

To avoid violating these laws, you should ensure that your advertisements are truthful, not misleading, and do not contain any deceptive practices. You should also clearly identify your business as the sponsor of the advertisement and avoid using any logos or phrases that suggest affiliation with a government agency or medical professional.

It is important to note that in addition to truth-in-advertising laws, West Virginia also has outdoor advertising laws that regulate the construction, erection, operation, use, maintenance, lease, or sale of any outdoor advertising sign, display, or device in the state. To advertise your products or services through outdoor advertising, you must obtain a license or permit for each sign, display, or device, comply with general restrictions as to outdoor advertising, and avoid violating any of the provisions of the outdoor advertising laws [1.1][2.1][1.2][1.3].

Source(s):
Jurisdiction

West Virginia