Can I use a celebrity's name or image to promote my product in Nebraska? What are the requirements?

Using a celebrity’s name or image to promote a product in Nebraska

In Nebraska, using a celebrity’s name or image to promote a product is generally allowed as long as it is done with the celebrity’s consent. However, there are certain requirements that must be met.

According to the Nebraska Uniform Deceptive Trade Practices Act, it is illegal to use a person’s name, portrait, or picture in advertising without their written consent ^[2]. Therefore, if you want to use a celebrity’s name or image to promote your product, you must obtain their written consent first.

Additionally, the Federal Trade Commission (FTC) has guidelines for endorsements and testimonials in advertising. These guidelines require that any material connection between the endorser (the celebrity) and the advertiser (you) be disclosed ^[14]. This means that if the celebrity is being paid or receiving any other benefit for endorsing your product, you must disclose this fact in your advertising.

It is also important to ensure that the use of the celebrity’s name or image does not imply that they endorse or approve of your product if they do not. This could be considered false advertising and could result in legal action against you ^[2].

Requirements for using a celebrity’s name or image to promote a product in Nebraska

To use a celebrity’s name or image to promote your product in Nebraska, you must:

• Obtain their written consent
• Disclose any material connection between the celebrity and your company
• Ensure that the use of the celebrity’s name or image does not imply their endorsement or approval of your product if they do not actually endorse or approve of it.

Source(s):

• [2] SIJ8P0E8AS; DEPOSlTtOf/S; OATTIS AflD AFFSRH/\TIONS
• [14] ENVIRONMENT AND ENERGY

Jurisdiction

Nebraska

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