What are the laws and regulations for marketing and advertising?
Marketing and advertising for small businesses in South Dakota must abide by both state and federal laws. At a federal level, most marketing and advertising laws are enforced by the Federal Trade Commission (FTC). According to the FTC, false and deceptive advertising is prohibited. This includes ads that make false promises about the benefits they offer or exaggerate the quality or quantity of the product or service. Misleading pricing or advertising terms, such as “free shipping”, must also be accurate and transparent. At a state level, South Dakota advertising laws forbid advertising that is deceptive, false, or misleading in any way. Additionally, all businesses must comply with consumer protection laws, including truth in advertising laws, which focus on the accuracy of the product or service advertised. Any advertising of alcohol or tobacco products must also comply with local regulations. These ads are strictly regulated and must not be aimed at underage individuals or minors. Finally, businesses must comply with any local zoning laws that prohibit certain forms of signage or advertisements. South Dakota mandates that all business signage must abide by the city’s ordinances. This includes the size, shape, and placement of signage on buildings, bulletin boards, and any other areas in public view.
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