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

Yes, you can use social media to promote your business in Kansas, but you must comply with advertising laws and regulations. The requirements for using social media to promote meat products, alcoholic beverages, and other products and services are different. Therefore, businesses must ensure that they comply with the specific requirements that apply to their products or services.

Requirements for Using Social Media to Promote Business in Kansas

Businesses must comply with the following advertising laws and regulations when using social media to promote their products or services:

  • Advertising must be truthful and not misleading [1.1][1.2].
  • Advertising must not make false or deceptive claims [1.2].
  • Advertising must not use false or misleading pictures or illustrations [1.2].
  • Advertising must not use false or misleading testimonials [1.2].
  • Advertising must not use false or misleading endorsements [1.2].
  • Advertising must not use false or misleading comparisons [1.2].
  • Advertising must not use false or misleading price claims [1.2].
  • Advertising must not use false or misleading guarantees [1.2].
  • Advertising must not use false or misleading warranties [1.2].
  • Advertising must not use false or misleading representations of the origin, quality, or characteristics of the product or service [1.2].

Requirements for Meat Products

Businesses that sell meat products must comply with the following requirements when using social media to promote their products:

  • The KDA must inspect the business’s place of business [1.1].
  • The KDA must have access to the business’s place of business during regular business hours for the purpose of inspecting carcasses or parts of carcasses sold by the seller and observing the sales practices of the seller to determine whether there is compliance with the provisions of this act [1.1].
  • The KDA must report any suspected violations of this act to the county or district attorney of the county where the alleged violation occurred and to the attorney general [1.1].

Requirements for Alcoholic Beverages

Businesses that sell alcoholic beverages must comply with the following requirements when using social media to promote their products:

  • The business must have a valid retailer’s license for each place of business [3.1][1.2].
  • The business must not sell any alcoholic beverage without having first secured a license for each place of business [1.2].
  • The business must not sell any alcoholic beverage containing more than 6% alcohol by volume without having first secured a license for each place of business [1.2].
  • The business must not employ or use the services of any person who is under 21 years of age to mix or dispense drinks containing alcoholic liquor [3.1].
  • The business must not employ or use the services of any person who has been convicted of a felony or of any crime involving a morals charge to dispense, mix or serve alcoholic liquor [3.1].
  • The business must not employ or use the services of any person who has been convicted within the previous two years of a violation of any intoxicating liquor law of this state, any other state or the United States, to dispense, mix or serve alcoholic liquor [3.1].

Requirements for Other Products and Services

Businesses that sell products and services other than meat products and alcoholic beverages must comply with the following requirements when using social media to promote their products:

  • Advertising must not be false or misleading [1.2].
  • Advertising must not make false or deceptive claims [1.2].
  • Advertising must not use false or misleading pictures or illustrations [1.2].
  • Advertising must not use false or misleading testimonials [1.2].
  • Advertising must not use false or misleading endorsements [1.2].
  • Advertising must not use false or misleading comparisons [1.2].
  • Advertising must not use false or misleading price claims [1.2].
  • Advertising must not use false or misleading guarantees [1.2].
  • Advertising must not use false or misleading warranties [1.2].

Additional Information

There are additional regulations that businesses must comply with when promoting their products or services on social media in Kansas. For example, businesses must comply with the hours and days of sale regulations for alcoholic beverages [4.1]. Additionally, businesses must ensure that their advertising is accurate and not misleading [1.2]. Violations of advertising laws and regulations can result in penalties such as license suspension or revocation [5.1].

Source(s):
Jurisdiction

Kansas