Thứ Tư, 16 tháng 5, 2012

Business Advertising in Texas – What do businesses need to know and what should businesses avoid when advertising their products and services?


One of the main issues for small businesses when advertising is ensuring that they do not engage in advertising that could be considered “deceptive.”  An advertisement is generally considered deceptive if it is materially misleading or materially misrepresentative regarding the product or service advertised.  For example, a deceptive advertisement may misrepresent the actual cost of a service or claim that a product is capable of doing something that it actually cannot do.  Any claims made in an advertisement must be able to be substantiated.  Advertising can also be deemed deceptive if it is unfair, generally when the message is conveyed through unethical or unscrupulous means.

State and federal law also place specific restrictions on telephone and email advertising, such as the need to register and make certain disclosures with the Secretary of State.  Small business owners also need to be aware of and abide by the “do not call list” when doing telephone and email advertising.

Finally, small businesses should also be aware that there may additional limitations and regulations related to advertisements for certain types of products or services.  For example, federal law imposes additional limitations on advertisements for food, drugs, devices and cosmetics while Texas law imposes limitations on gas stations, professional service businesses, and bars or liquor stores, in addition to other types of products and services.

Prepared by Eric Rupe.  Reviewed by Maura Phelan, Attorney.

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