Media Law Handbook



2. When are media outlets liable for deceptive and false advertising?

1. Advertising Intro

This chapter covers some of the most important provisions of the North Carolina General Statutes and Administrative Code that regulate advertising in North Carolina. Although federal statutes and rules also regulate advertising in a variety of important ways, and often cover advertising that also is regulated under state laws, detailed analysis of federal advertising regulation is beyond the scope of this chapter. Instead, the chapter includes some of the key federal statutes and rules that apply in contexts in which few or no state laws apply. The chapter first covers relevant portions of the state Unfair and Deceptive Trade Practices Act and its media exemption, and then covers advertising regulations in the specific contexts of adoptions and child care services; alcoholic beverages; drug paraphernalia; employment; fireworks; food, drugs, medical devices and cosmetics; gaming including lotteries, raffles, bingo games and prize-giveaways; housing sales and rentals; legal notices; motor vehicles; musical performances and productions; political candidates and ballot measures; tobacco products; and wholesale, close-out sales and distress sales.

2. When are media outlets liable for deceptive and false advertising?

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