Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I use social media to promote my business without violating advertising laws in California? What are the requirements?

To promote your business on social media in California, you must comply with various legal requirements.

Drug Safety Policies on Social Media Platforms

Social media platforms that operate in California must create and publicly post a policy statement that includes the platform’s policy on the use of the platform to illegally distribute a controlled substance, a general description of the platform’s moderation practices to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance, a link to mental health and drug education resources provided by governmental public health authorities, a link to the platform’s reporting mechanism for illegal or harmful content or behavior on the platform, and a general description of the platform’s policies and procedures for responding to law enforcement inquiries [1.1].

Employer Use of Social Media

Employers in California are prohibited from requiring or requesting an employee or applicant for employment to disclose a username or password for accessing personal social media, access personal social media in the presence of the employer, or divulge any personal social media information, except as provided in subdivision (c) [2.1].

False Advertising in General

It is unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim, including claims that purport to be based on factual, objective, or clinical evidence, compare the product’s effectiveness or safety to that of other brands or products, or purport to be based on any fact [3.1].

Social Media Privacy

Public and private postsecondary educational institutions, and their employees and representatives, shall not require or request a student, prospective student, or student group to disclose a user name or password for accessing personal social media, access personal social media in the presence of the institution’s employee or representative, or divulge any personal social media information [5.2].

Therefore, to promote your business on social media in California, you must comply with the Drug Safety Policies on Social Media Platforms, avoid violating the Employer Use of Social Media law, and ensure that your advertising claims are not false or misleading.

Source(s):
Jurisdiction

California