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

Advertising Regulations in Kentucky

To promote your business on social media in Kentucky, you must comply with advertising regulations outlined in Kentucky Revised Statutes (KYRS). KYRS 517.030 defines false advertising as knowingly making or causing to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons. False advertising is a Class A misdemeanor.

KYRS 244.130 allows licensees to advertise any product they are licensed to manufacture or sell unless prohibited by administrative regulations promulgated by the board. The board shall not prohibit certain forms of advertising, including advertising in newspapers, magazines, or periodicals having a general circulation, promotional advertising on radio or television limited to no more than the name of the licensee and the products the licensee is permitted to manufacture or sell, promotional advertising containing the names of establishments or products displayed on uniforms or equipment of sporting teams, promotional advertising mailed or delivered to a consumer’s residence, and providing visitors who are twenty-one (21) years of age or older, in conjunction with a distillery tour or an event conducted by a bona fide church or charitable organization, free consumer-branded nonalcoholic novelty items whose actual retail cost does not exceed seventy-five dollars ($75) per item and production by-products.

KYRS 424.145 allows local governments to satisfy the requirements of this chapter or any other provision of law requiring the publication of an advertisement in a newspaper by posting the required advertisement online on a notice Web site operated by the local government that is accessible to the public at all times.

Social Media Advertising Requirements

There are no specific regulations in Kentucky that prohibit advertising on social media. However, to avoid violating false advertising laws, you must ensure that your advertisements are not false or misleading.

Additionally, if you are a licensee, you must comply with the advertising regulations outlined in KYRS 244.130.

Additional Advertising Regulations

KYRS 517.040 prohibits bait advertising, which is offering to the public or a substantial number of persons property or services as part of a scheme or plan with the intent not to sell or provide the advertised property or services. Bait advertising is a Class A misdemeanor.

KYRS 244.540 prohibits advertising any malt beverage by trade name, trademark, or in any other manner within one hundred (100) feet of the property line of any school or church.

KYRS 365.495 prohibits sellers or transferors of any goods, wares, or merchandise from advertising, claiming, or implying that any sale or other transfer of goods, wares, or merchandise is a sale or transfer at wholesale or at a wholesale price unless the sale or transfer is made to a transferee for resale and unless the transferee has a seller’s permit to do business pursuant to KRS 139.240.

KYRS 244.270 requires each wholesaler to have painted on the front window of the licensed premises, or, if there is no window, on a sign affixed to the front of the building containing the licensed premises, the name of the licensee together with the inscription: “Kentucky Wholesaler’s Liquor License No. " in uniform letters not less than three (3) inches in height.

KYRS 424.195 allows officials of the Commonwealth of Kentucky or any of its political subdivisions to supplement printed notices by use of radio or television spot announcements, or both, when, in their judgment, the public interest will be served thereby.

Overall, you can use social media to promote your business in Kentucky as long as you comply with advertising regulations and ensure that your advertisements are not false or misleading.

Jurisdiction

Kentucky

• General