Hardwood Floors February/March 2025

LEGAL BUSINESS BEST PRACTICES

NAVIGATING THE LEGAL MINEFIELD: 1 Whether it’s a billboard, a social media post, a page in the local newspaper, or an email, business owners must ensure that their marketing complies with various federal and state laws and regulations. Generally, the same laws and regulations that apply to traditional advertising and marketing forms also apply to online and social media

5 Key Advertising and Marketing Issues for Businesses

MISREPRESENTATION/ FALSE ADVERTISING The Federal Trade Commission (FTC) is the primary consumer protection agency at the federal level and is

responsible for regulating advertising and marketing to protect consumers from fraud and deception in the marketplace. Section 5 of the Federal Trade Commission Act (FTC Act) prohibits unfair or deceptive acts or practices in commerce. Under the federal law, when consumers encounter an advertisement, whether through the internet, radio, television, or other mediums, it is essential that the advertisement is truthful, not deceptive, and, when relevant, supported by scientific evidence. These laws commonly are referred to as “truth-in advertising” laws. For example, these laws target businesses that misrepresent a product’s features or benefits or use images or videos that misrepresent the actual product.

practices. As such, businesses should understand and comply with these laws to protect their brand and reputation and avoid potential litigation or government action. This article highlights a few common legal issues and corresponding laws that businesses should consider when developing their marketing materials.

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