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

Social Media Advertising in Delaware

Yes, you can use social media to promote your business in Delaware as long as you comply with the state’s advertising laws. The following are the requirements you need to consider:

  • Include complete name: According to Delaware Code, transient retailers who seek to transact business in the state must include their complete name in any presale advertising media [1.1]. This means that you must include your business’s complete name in any social media advertisement.
  • Display identification card: If you are a door-to-door salesperson, you must prominently display a door-to-door salesperson identification card obtained from the Department of Finance while soliciting a door-to-door sale [3.1]. However, this requirement does not apply to social media advertising.
  • Prohibit advertising tobacco products near schools: Delaware prohibits advertising tobacco products within 200 feet of any public or private school, excluding institutions of higher education [4.2]. This means that you cannot advertise tobacco products on social media within 200 feet of any school.
  • Prohibit marketing or advertising to children: Operators of internet websites, online or cloud computing services, online applications, or mobile applications directed to children may not market or advertise a product or service described in subsection (f) of Delaware Code [6.1]. This means that if your business targets children, you cannot market or advertise your products or services on social media.
  • Comply with general licensing requirements: If your business involves the sale of alcoholic beverages, you must comply with the general licensing requirements set forth in Delaware Code [5.2].

In summary, you can use social media to promote your business in Delaware as long as you comply with the state’s advertising laws, including the requirement to include your complete name in any social media advertisement, avoid advertising tobacco products near schools or marketing to children, and comply with general licensing requirements if your business involves the sale of alcoholic beverages.

Source(s):
Jurisdiction

Delaware