Proposed Changes to Massachusetts Advertising Regulations

In late January, the Massachusetts Attorney General proposed amendments to existing advertising regulations. Some of these advertising regulations require businesses to create Massachusetts-specific versions of their national advertising – which is both costly and unnecessarily defeats the efficiencies of national advertising.

The proposed changes are mainly non-controversial; however, they fail to address several unique and burdensome advertising requirements contained in the existing set of regulations. This Client Advisory, prepared by the Kelley Drye Advertising Law practice group, summarizes some examples of the burdensome requirements that the proposed changes do not address. These include range of price/savings claims, restrictions on use of the word ​“free,” and use of ​“sale” terms.

The Attorney General is accepting comments submitted until February 19, 2009.