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

Requirements for Advertising on Social Media in Vermont

If you are promoting your business on social media in Vermont, you must comply with the state’s advertising laws. The following requirements apply:

  1. You must not advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the tax is not considered as an element in the price or amusement charge payable by the customer [1.1].
  2. You must not throw posters, bills, or advertising sheets of any kind, loose in a public street or highway [3.1].
  3. If you are selling alcoholic beverages, you must ensure that all containers of alcoholic beverages are shipped in a container that is clearly labeled: “contains alcohol; signature of individual 21 years of age or older required for delivery.” You must not ship to any address in a municipality that the Division of Liquor Control identifies as having voted to be “dry.” You must retain a copy of each record of sale for a minimum of five years from the date of shipping. You must report at least twice per year to the Division if a holder of a consumer shipping license and once per year if a holder of a retail shipping license in a manner and form required by the Commissioner all the following information: the total amount of malt beverages, vinous beverages, or ready-to-drink spirits beverages shipped into or within the State during the preceding six months if a holder of a consumer shipping license or during the preceding 12 months if a holder of a retail shipping license; the names and addresses of the purchasers to whom the beverages were shipped; and the date purchased, the quantity and value of each shipment, and, if applicable, the name of the common carrier used to make each delivery. You must pay to the Commissioner of Taxes the tax required pursuant to section 421 of this title on the malt beverages, vinous beverages, or ready-to-drink spirits beverages shipped pursuant to this subchapter and comply with the provisions of 32 V.S.A. chapter 233, 24 V.S.A. § 138, and any other legally authorized local sales taxes. Delivery in this State shall be deemed to constitute a sale in this State at the place of delivery and shall be subject to all appropriate taxes levied by the State of Vermont [5.1].
  4. You must comply with all applicable laws and Board of Liquor and Lottery rules if you are selling alcoholic beverages [5.1].

Based on the context documents, there are no specific requirements for advertising on social media in Vermont beyond the general advertising laws that apply to all forms of advertising. Therefore, you can use social media to promote your business as long as you comply with the requirements listed above.

Please note that advertising of alcoholic beverages on social media must comply with the requirements listed in [2.1]. For example, the alcohol content of any malt beverage shall not be set forth or stated in any advertising or promotion of the beverage in any medium. A person shall not advertise or promote the sale of any fermented beverage made from malt by indicating in any way that the beverage has a higher alcoholic content than other similar beverages.

If you have any further questions or concerns, it is recommended that you consult with a legal professional.

Source(s):
Jurisdiction

Vermont