Advertisement content must be submitted to the Minnesota Department of Commerce for review by uploading the advertising to ComOnline.
Please refer to Minnesota Rules 2860.4100 and 2860.4200 for the complete rules regarding franchise advertisements.
Franchisors must submit one copy of each advertisement to the Department at least five business days prior to its first publication. Unless disallowed by written notice within three business days from the date filed, the advertisement may be published. No formal approval of the advertisement shall be issued by the Department. A video advertisement may be submitted in script form. If a franchise listing is included in a national publication not directed toward Minnesota, no disclaimer or notification must be filed with the Department.
Advertisements cannot make reference to:
- the acquiring of a franchise as an assurance of earnings or profits, as a safe investment, or as free from loss, default, or failure or that such is impossible or unlikely;
- projections or statements of operations of or income from the operation of any franchise; or
- any opinion of counsel without stating the name and address of such counsel.
Advertisement content must contain:
- the name and address of the person using the advertisement or making offer;
- the name or primary commercial symbol of franchisor; and
- the Minnesota registration number assigned by the Department of Commerce
Commissioner Orders for Advertising and Offers made on the Internet