New Hampshire State Regulations Regarding Advertising — Status and History The regulations pertaining to advertising in the state of New Hampshire have evolved over the years to ensure fair and transparent practices in the marketplace. Adhering to these regulations helps protect consumers while promoting healthy competition among businesses. Here is a detailed description of the current status and historical developments of New Hampshire's state regulations regarding advertising. 1. Current Regulations: a. New Hampshire Consumer Protection Act: Under this act, advertising practices that are false, deceptive, or misleading are prohibited. This includes advertising that makes false claims, provides inaccurate information, omits important details, or uses unfair tactics to influence consumer decisions. b. New Hampshire Code of Administrative Rules: The state has established specific rules governing various aspects of advertising, encompassing areas such as food, drugs, telecommunications, sweepstakes, etc. These rules aim to ensure compliance with federal laws and promote ethical advertising practices. c. Truth-in-Advertising Law: New Hampshire maintains a strict stance on truthfulness in advertising. All claims made in advertisements must be substantiated, meaning advertisers must have credible evidence to support their assertions. d. Unsolicited Advertisement Control Act: This act regulates the use of unsolicited advertising, including telemarketing, faxing, and email marketing. It requires advertisers to obtain prior consent from consumers before sending unsolicited advertisements. 2. Historical Developments: a. Establishing the New Hampshire Consumer Protection Act: The New Hampshire Consumer Protection Act was enacted in 1971 to protect consumers from unfair and deceptive trade practices. This legislation laid the foundation for advertising regulations, aiming to ensure truthful and transparent marketing in the state. b. Incorporating Federal Guidelines: Over time, New Hampshire's advertising regulations have closely aligned with federal guidelines established by organizations such as the Federal Trade Commission (FTC). This alignment ensures consistency and enables businesses operating across state lines to comply with advertising standards. c. Evolving Regulations for Digital Advertising: With the rise of digital advertising, New Hampshire's regulations have adapted to address new challenges and protect consumers' privacy rights. The state has embraced guidelines for online marketing, including requirements for clear disclosures and opt-out mechanisms. d. Ongoing Monitoring and Enforcement: New Hampshire continues to monitor and enforce advertising regulations to safeguard consumer interests. The Office of the Attorney General oversees compliance and investigates reported violations, taking appropriate legal actions against businesses found in breach. It is vital for businesses in New Hampshire to stay updated with the changing advertising regulations to avoid legal repercussions and maintain a favorable business reputation. By adhering to these regulations, companies can build trust with consumers, foster fair competition, and contribute to a healthy marketplace in the state.
New Hampshire State Regulations Regarding Advertising - Status and History
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Regulations of False Advertising The federal Lanham Act allows civil lawsuits for false advertising that ?misrepresents the nature, characteristics, qualities, or geographic origin? of goods or services. 15 U.S.C. § 1125(a). The FTC also enforces false advertising laws on behalf of consumers.
Advertising and Marketing | Federal Trade Commission.
The FTC's Bureau of Consumer Protection stops unfair, deceptive and fraudulent business practices by collecting reports from consumers and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights ...
Under the law by which it was established in 1914, the F. T. C. has general authority to prohibit false or misleading advertisements as ?unfair methods of competition in commerce.? The Wheeler-Lea bill would extend this grant of power by authorizing the Commission to prevent ?unfair or deceptive acts or practices in ...
What are the principal statutes regulating advertising generally? the FTC Act, which prohibits 'unfair or deceptive acts or practices'; the Lanham Act, which is the federal false advertising statute; and. the Dodd-Frank Wall Street Reform and Consumer Protection Act.
The Federal Trade Commission Act, signed into law by President Woodrow Wilson on September 26, 1914, allows the Federal Trade Commission (FTC) to act in the interest of consumers to prevent deceptive and unfair acts or practices: Advertising must tell the truth and not mislead consumers.
Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ''unfair or deceptive acts or practices in or affecting commerce. '' The prohibition applies to all persons engaged in commerce, including banks.
Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based. For some specialized products or services, additional rules may apply.