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

Using Social Media to Promote Business in New Mexico

Businesses can use social media to promote their business in New Mexico, but they must ensure that their advertising is not misleading or deceptive and complies with all applicable laws and regulations.

New Mexico Advertising Laws

New Mexico has several advertising laws that businesses should be aware of when promoting their business on social media.

  • The New Mexico Chile Advertising Act prohibits advertising, describing, labeling, or offering for sale chile peppers as New Mexico chile or a product containing New Mexico chile unless the chile peppers or chile peppers in the product were grown in New Mexico [1.1].
  • The Pyramid Promotional Schemes Act and the Unfair Practices Act do not apply to publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without actual knowledge of its being in violation of that act [2.1][3.1].
  • Any health care practitioner advertising services to the public shall state in the advertisement his name, address or telephone number and the designation of the profession in which he is licensed or certified to practice [4.1].

Compliance Requirements

To comply with New Mexico advertising laws, businesses should ensure that any claims made about their use of New Mexico chile are accurate and can be substantiated. If a business uses a geographic name in their advertising, they should ensure that it is not used in a misleading or deceptive manner [1.1].

Additionally, businesses should ensure that their advertising complies with any other applicable laws or regulations, such as those related to false advertising, unfair competition, and consumer protection.

Administration and Inspection

The New Mexico Department of Agriculture is authorized to enforce and administer the New Mexico Chile Advertising Act and promulgate rules necessary for its administration [1.2]. The department is also authorized to audit the purchase and sales records of a person dealing with the sale of chile peppers or products containing chile peppers that are advertised, described, labeled, or offered for sale as New Mexico chile [1.2].

Conclusion

In summary, businesses can use social media to promote their business in New Mexico, but they must ensure that their advertising is not misleading or deceptive and complies with all applicable laws and regulations, including the New Mexico Chile Advertising Act. Businesses should also ensure that their advertising complies with any other applicable laws or regulations and be prepared for audits by the New Mexico Department of Agriculture [1.1][1.2].

Source(s):
Jurisdiction

New Mexico