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Can I use social media to promote my business without violating advertising laws in North Dakota? What are the requirements?
Social Media Advertising in North Dakota
Social media is a popular platform for businesses to advertise their products and services. However, businesses must comply with advertising laws in North Dakota to avoid legal issues.
False and Misleading Advertising
North Dakota law prohibits false and misleading advertising [3.1][3.2]. Businesses must ensure that their social media advertisements do not contain any untrue, deceptive, or misleading statements regarding their products, services, or prices.
Unlawful Practices
North Dakota law also prohibits the use of deceptive acts or practices, fraud, false pretense, false promise, or misrepresentation in connection with the sale or advertisement of any merchandise [1.3]. Businesses must ensure that their social media advertisements do not contain any deceptive or fraudulent statements or practices.
Distance Limitations
North Dakota law limits the distance of outdoor advertising signs from the nearest edge of the right of way and visible from the main traveled way of any highway that is a part of the state highway system [2.2][2.3]. However, this law does not apply to social media advertising.
Publication of Legal Notices
When a legal notice is required by law to be published in a newspaper, the newspaper must also publish the notice on a statewide legal notices website maintained by the North Dakota newspaper association and on the newspaper’s website in a location open and free to the public [4.1]. However, this law does not apply to social media advertising.
Discrimination Prohibited
North Dakota law prohibits discrimination among wholesalers in the price of beer sold to the wholesalers or in price promotions [5.1]. However, this law does not apply to social media advertising.
Requirements
There are no specific requirements for social media advertising in North Dakota. However, businesses must comply with the general advertising laws mentioned above.
Conclusion
Businesses can use social media to promote their products and services in North Dakota as long as they comply with advertising laws. Businesses must ensure that their social media advertisements do not contain any false, deceptive, or misleading statements or practices.
Source(s):
- [3.1] False and misleading advertising prohibited.
- [2.2] Outdoor advertising beyond distance limitations.
- [3.2] False advertising - Generally.
- [2.3] Outdoor advertising distance limitations.
- [4.1] Publication of legal notices on website.
- [1.3] Unlawful practices - Fraud - Misrepresentation - Unconscionable.
- [5.1] Discrimination prohibited.
Jurisdiction
North Dakota