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

To use social media to promote your business in Texas, you must comply with the state’s advertising laws and regulations. The Texas Business and Commerce Code Section 17.46(b) prohibits false, misleading, or deceptive advertising practices. Additionally, the Texas Attorney General’s Office provides guidelines for advertising and marketing in Texas, which include the following requirements:

1. Truthful and accurate claims: All claims made in advertising must be truthful and accurate. Any claims that are misleading or deceptive are prohibited.
2. Disclosures: Any material information that could affect a consumer’s decision to purchase a product or service must be disclosed in the advertisement. This includes information about pricing, fees, and any other relevant details.
3. Endorsements: If an advertisement includes an endorsement from a third party, the relationship between the advertiser and endorser must be disclosed.
4. Testimonials: Testimonials must be truthful and accurate, and any material connections between the advertiser and the person providing the testimonial must be disclosed.
5. Comparative advertising: If an advertisement makes a comparison between the advertiser’s product or service and a competitor’s product or service, the comparison must be truthful and accurate.
6. Unfair practices: Any advertising practices that are unfair or deceptive are prohibited.

It is important to note that these requirements apply to all forms of advertising, including social media. Therefore, any social media posts or advertisements promoting your business must comply with these requirements.

Regarding the recent Texas Social Media Censorship Act, it is important to note that this law does not directly address the requirements for using social media to promote a business in Texas. Instead, it focuses on the regulation of social media platforms themselves. Therefore, businesses using social media to promote their products or services must still comply with the advertising laws and regulations outlined above.

In summary, you can use social media to promote your business in Texas as long as you comply with the state’s advertising laws and regulations.

Jurisdiction

Texas

• General