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Can I use social media to promote my business without violating advertising laws in Nebraska? What are the requirements?
Here are the requirements for using social media to promote your business without violating advertising laws in Nebraska:
Advertising Laws in Nebraska
According to NERS 53-203, advertising is defined as the commercial use of media forms used to make consumers aware of or familiar with the supplier’s trademark, trade name, logo, slogan, colors, signs, or product. The term media forms shall include, but not be limited to, television, radio, newspaper, billboards, and point-of-sale signs produced by the supplier for use by the wholesaler.
Social Media Advertising
Social media is not explicitly mentioned in the Nebraska advertising laws. However, it is safe to assume that social media falls under the category of media forms mentioned in the law. Therefore, businesses must comply with the advertising laws when promoting their products or services on social media.
Requirements
Businesses must ensure that their social media advertising is not false, misleading, or deceptive. They must also disclose any material connections they have with endorsers or influencers. Material connections include any compensation or incentives given to endorsers or influencers in exchange for promoting the business’s products or services.
Additionally, businesses must comply with the requirements for advertising on problem gambling prevention, education, and awareness messages as stated in NERS 9-831.
Conclusion
To promote your business on social media without violating advertising laws in Nebraska, ensure that your advertising is not false, misleading, or deceptive. Disclose any material connections with endorsers or influencers, and comply with the requirements for advertising on problem gambling prevention, education, and awareness messages.
Source(s):
- [1.1] Advertising, defined.
- [2.1] Advertising on problem gambling prevention, education, and awareness messages; requirements.
- [3.1] Department; marketing activities; powers and duties.
Jurisdiction
Nebraska