New advertising regulations for nongovernmental entities

Business and Professions Code §17533.6
Amended by S.B. 272
Effective date: January 1, 2014

A nongovernmental entity, including a real estate brokerage, may not use any seal, emblem, insignia, symbol, trade or brand name, term or content in advertisements which may imply a connection to or approval by any government or military organization for products and services it offers unless the nongovernmental entity:

• has an expressed connection to or approval from a government agency; OR
• displays the following disclosure conspicuously on all advertisements, including television commercials:

“THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY GOVERNMENTAL AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE GOVERNMENT.”

If mailed, the envelope is to state:

“THIS IS NOT A GOVERNMENT DOCUMENT.”