Best Advertising and Marketing Lawyers in South Carolina

About Advertising and Marketing Law in South Carolina, United States

Advertising and marketing law in South Carolina focuses on the rules and regulations that govern how businesses and individuals promote their products or services to consumers. This area of law aims to ensure advertising is truthful, non-deceptive, and fair to consumers. In South Carolina, both state and federal laws guide advertising and marketing practices. Businesses must be aware of these regulations to avoid costly penalties, legal disputes, and damage to their reputation. The scope of advertising and marketing law covers print, broadcast, digital, social media, and direct marketing, as well as specific issues like endorsements, sweepstakes, telemarketing, and pricing disclosures.

Why You May Need a Lawyer

Many situations in advertising and marketing raise legal questions, and consulting a lawyer can protect your business. You may need legal help if you are:

• Launching a new marketing campaign and want to ensure compliance with state and federal regulations.
• Accused of false advertising or deceptive marketing by consumers, competitors, or regulatory agencies.
• Negotiating contracts with advertising agencies, influencers, or endorsers.
• Developing sweepstakes, contests, or promotions and need to comply with legal requirements.
• Responding to cease and desist letters or lawsuits from competitors regarding comparative or trademarked advertising claims.
• Facing regulatory investigations or enforcement actions from local or federal agencies.
• Needing to understand “Made in USA” labeling or other honesty in advertising rules.

Hiring a lawyer helps ensure your advertising is compliant, minimizes legal risks, and resolves disputes efficiently.

Local Laws Overview

South Carolina follows a mix of federal laws, such as those enforced by the Federal Trade Commission (FTC), and state-specific statutes. Key local aspects include:

• The South Carolina Unfair Trade Practices Act prohibits unfair or deceptive acts or practices in trade and commerce, which covers misleading advertising.
• Specific regulations govern telemarketing, commercial emails, and promotions like sweepstakes or loyalty programs.
• Truth-in-advertising laws require all marketing statements to be accurate and to clearly disclose any important limitations or conditions.
• Pricing disclosures must be clear and not misleading. Bait and switch tactics or hidden fees can lead to scrutiny.
• South Carolina enforces federal rules for endorsements and testimonials, especially in influencer marketing and on social media platforms.
• Alcohol, tobacco, and vaping product advertisements face additional restrictions under state law.
• Businesses must comply with rules on use of automated calling equipment and do-not-call lists for telemarketing.

Failure to comply with these laws can result in state investigations, consumer lawsuits, fines, or criminal charges in egregious cases.

Frequently Asked Questions

What makes an advertisement deceptive under South Carolina law?

An advertisement is considered deceptive if it contains any statement or omission likely to mislead a reasonable consumer and if the misrepresentation is material to the consumer’s decision. This can include false claims, misleading pricing, or hidden conditions.

Are there special rules for advertising to children?

Yes. Both federal and state guidelines emphasize extra care when marketing to minors. Claims must be especially clear, truthful, and not exploitative. For some products, like alcohol or tobacco, advertising to minors is strictly prohibited.

What is the South Carolina Unfair Trade Practices Act?

This act prohibits unfair or deceptive acts or practices in any trade or commerce. It provides consumers and competitors a way to challenge misleading advertising practices in state courts.

Do I need to disclose sponsored content or endorsements on social media?

Yes. Endorsements must clearly disclose material connections between the advertiser and influencer, such as payments or free products, to comply with both federal guidelines and South Carolina's consumer protection laws.

What should I consider before running a contest or sweepstakes?

Ensure the official rules are clear, all legal requirements are met, no purchase is necessary to win if it is a sweepstakes, and that you comply with both state and federal laws regarding notification of winners and award distribution.

Are there restrictions on telemarketing in South Carolina?

Yes. Telemarketers must adhere to regulations regarding hours of calling, script requirements, and honoring federal and state do-not-call lists. Automated calls (robocalls) have further restrictions.

How can I avoid false advertising claims regarding health products?

All claims must be substantiated with credible evidence. Avoid overstating benefits, and always fully disclose limitations, side effects, or risks. Follow applicable FDA and FTC guidelines.

Can competitors sue me over ads?

Yes. Competitors may bring lawsuits for false or misleading comparative advertising under federal and state laws, especially if the ads disparage their products or result in financial harm.

What is “bait and switch” advertising?

This is the practice of advertising a product at a low price to lure customers but then trying to sell them a higher-priced item. Bait and switch tactics are illegal in South Carolina.

Do I need legal review for all my marketing materials?

While not legally required, legal review is highly recommended for campaigns that include significant claims, comparative advertising, contests, endorsements, or any regulated products to minimize your risks.

Additional Resources

If you need more information or want to file a complaint, the following resources can be helpful:

• South Carolina Department of Consumer Affairs - Handles consumer complaints and provides guidance on fair business practices.
• Office of the South Carolina Attorney General - Enforces the South Carolina Unfair Trade Practices Act and addresses deceptive advertising claims.
• Federal Trade Commission (FTC) - Issues guidance and investigates national advertising practices.
• Better Business Bureau of South Carolina - Offers dispute resolution and educational resources.
• American Advertising Federation - Provides industry standards and professional development resources.

Next Steps

If you need legal assistance regarding advertising and marketing in South Carolina, consider these actions:

• Gather relevant information such as your marketing materials, contracts, and any correspondence related to your issue.
• Identify the specific legal question or concern, such as compliance, a complaint, or a business conflict.
• Consult with an attorney experienced in advertising and marketing law. Look for local attorneys with relevant experience and check their credentials.
• If you are facing immediate legal threats, such as regulatory action or a lawsuit, seek legal counsel right away to ensure your response is timely and appropriate.
• Stay updated on changes in state and federal laws to ensure ongoing compliance in your business practices.

Legal guidance helps protect your business, ensures compliance, and supports ethical marketing practices in South Carolina.