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Can I use social media to promote my business without violating advertising laws in Tennessee? What are the requirements?
Using Social Media to Promote Business in Tennessee
Based on the context documents, there are no specific laws in Tennessee that prohibit the use of social media to promote a business. However, businesses must comply with general advertising laws and regulations in Tennessee.
General Advertising Laws and Regulations in Tennessee
Businesses must comply with the following general advertising laws and regulations in Tennessee:
- False Advertising: It is illegal to engage in false advertising in Tennessee. False advertising includes making false or misleading statements about a product or service [1.1].
- Use of State-Owned Property for Advertising: It is unlawful for any elected or appointed official of the state, or any employee of the state or any department, division or agency thereof, to display campaign literature, banners, placards, streamers, stickers, signs or other items of campaign or political advertising on behalf of any party, committee or agency or candidate for political office, on the premises of any building or land owned by the state, or to use any of the facilities of the state, including equipment and vehicles, for such purposes [1.1].
- Political Activity Interfering with State Business: It is unlawful for any person employed by the state to engage actively in a political campaign on behalf of any party, committee, organization, agency or political candidate, or to attend political meetings or rallies or to otherwise use such person’s official position or employment to interfere with or affect the result of any regular or special primary election conducted within the state, or to perform political duties or functions of any kind not directly a part of such person’s employment, during those hours of the day when such person is required by law or administrative regulation to be conducting the business of the state [1.2].
Requirements for Advertising in Tennessee
Businesses must comply with the following requirements for advertising in Tennessee:
- Truthful and Non-Misleading: Advertisements must be truthful and non-misleading [1.1].
- Disclosures: Advertisements must include all necessary disclosures, such as the terms and conditions of an offer [1.1].
- Written Agreements: All agreements between the promoter and persons authorizing the promoter to use their name, trade name, or trademark in aid of the sale or promotion of the sale of coupons shall be in writing, with a copy being furnished to each such person [6.1].
- Use of Advertising Funds: The funds provided for in § 6-54-201(b) shall be used and expended under the direction and control of the governing body of the municipal corporation or through such agency or agencies as they shall prescribe, and under such rules and regulations as the governing body of the municipal corporation deems proper [3.2].
Conclusion
Based on the above information, businesses can use social media to promote their business in Tennessee as long as they comply with the general advertising laws and regulations and the requirements for advertising in Tennessee.
Source(s):
- [1.1] Use of state-owned property for campaign advertising or activities.
- [3.2] Expenditure of advertising funds.
- [6.1] Agreements authorizing promotional use of name or mark — Liability of persons authorizing use.
- [1.2] Political activity interfering with state business.
Jurisdiction
Tennessee