Misleading Marketing and Advertising Practices Act of 2024
Section 1: Title
This Act shall be known as the “Misleading Marketing and Advertising Practices Act of 2024.”
Section 2: Purpose
The purpose of this Act is to establish clear guidelines for marketing and advertising practices outside of business properties to protect consumers from misleading representations of products and services.
Section 3: Definitions
- Static Marketing and Advertising: Any non-digital advertisement that remains in place for a specified duration, including billboards, posters, flyers, and other printed materials.
- Photograph: A clear, accurate image of the product or service being advertised, without the inclusion of other products or services.
Section 4: Requirements for Advertising
- Photograph Inclusion:
- All static marketing and advertising outside of business properties must include a photograph of the product or service being advertised.
- The photograph must not contain any other products or services in the frame.
- Price Display:
- If a price is included in any advertisement, it must reflect the total cost of all products or services depicted in the advertisement.
- Advertisements that do not include a price are exempt from this requirement.
Section 5: Prohibition of Misleading Practices
- No Misleading Language or Imagery:
- Advertisements and marketing materials must not use misleading language, images, or graphics that could create false impressions regarding the products or services offered.
Section 6: Enforcement and Penalties
- Violations:
- Any business found in violation of this Act shall be subject to fines, which shall be determined based on the severity and frequency of the violation.
- Minimum fines for first-time violations shall be $5,000.
- Loss of Business License:
- Businesses with repeated violations of this Act may face revocation of their business license, subject to review by relevant regulatory authorities.
Section 7: Implementation and Review
- Effective Date:
- This Act shall take effect 180 days after its enactment to allow businesses adequate time for compliance.
- Review:
- The Act shall be reviewed every five years to assess its effectiveness and make necessary adjustments to the provisions outlined.
Section 8: Public Awareness
- Education Campaign:
- A public awareness campaign shall be conducted to inform consumers about their rights under this Act and to educate businesses on compliance requirements.
- Guidance for Businesses:
- Resources and training shall be provided to businesses to ensure understanding and adherence to advertising guidelines.
Section 9: Severability
- Severability Clause:
- If any provision of this Act is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
End of Act
The Misleading Marketing and Advertising Practices Act of 2024 aims to foster transparency and honesty in advertising, protecting consumers from deceptive practices while ensuring businesses provide clear and accurate representations of their offerings.
