08/17/2018

ONMA releases update of member guide on advertising legal issues

A major update of our guide, “Common Issues in Ohio Advertising,” is now available in the “Members Only” area of www.ohionews.org.

The guide provides guidance for ONMA publishers and advertising managers on topics related to advertising issues and includes links to the relevant sections of Ohio statutes and federal regulations.

Significant additions or changes in the updated guide include the following:

• A new section on Ohio’s rules for medical marijuana advertising.
• Additional clarity and suggested best practices on how to set rates for public notice advertising. (ONMA also has a separate “Public Notice FAQ” guide for members that covers all of Ohio’s major public notice laws and requirements in detail.)
• Inclusion of the Federal Trade Commission’s latest guidance on native advertising requirements.
• Inclusion of new federal guidelines on e-cigarette advertising.
• A rewrite of the section on Internet political advertising.

The guide can either be viewed electronically as an easily searchable PDF document or downloaded for printing. Here’s a sampling of other topics in the guide: trademarks, fair housing, help wanted requirements, games of chance and advertising of firearms.

Many of the topics in the guide are a result of questions to ONMA’s legal hotline, which is available to any ONMA member with a legal-related question. This is the first major update to the guide since it was introduced several years ago. The process included a review by ONMA General Counsel Mike Farrell and associates at the Baker Hostetler law firm in Cleveland.

However, it is important to note that the guide is designed to be a starting point for your analysis of common situations. It does not constitute legal advice and should not serve as a substitute for direct legal advice from your own counsel related to your specific circumstances.

We invite questions, comments and suggestions to improve the guide. Contact Executive Director Dennis Hetzel at 614-486-6677 or dhetzel@ohionews.org.