Billboard advertising is a powerful way to get your message out there. From small businesses to global corporations, any brand can leverage these attention-grabbing advertising channels in ways digital ads often can’t. But to eliminate any potential delays or roadblocks as you’re customizing your billboard rental, it’s essential to know about billboard restrictions—or rather, what content is off-limits.

Various federal, state, and local laws regulate billboard advertising to protect the public and ensure ethical practices. Ignoring these rules can lead to legal troubles, fines, or even having your ad taken down. Let’s walk through the key restrictions you need to keep in mind to make sure your billboard campaign is both effective and compliant.

Here’s what we’ll cover in this guide to billboard restrictions:

• Understanding restrictions
• General content restrictions
• Age-restricted products advertising
• Political advertising restrictions
• Legal considerations
• State-specific billboard content bans

Understanding Billboard Content Regulations

Launching a billboard campaign isn’t just about creativity—it’s also about compliance. Different regions have different rules, and what’s acceptable in one place might not fly in another. These laws protect consumers from misleading or harmful content and ensure public decency.

Agencies like the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) oversee advertising practices, but state and local governments also have their say. So, it’s crucial to familiarize yourself with the regulations that apply to your specific location and industry.

General Billboard Content Restrictions

No matter what you’re advertising, there are some universal rules about what you can’t put on a billboard. Here are a few general content restrictions you need to watch out for:

Obscenity and Indecent Content Prohibitions

Because billboards are out in the open for everyone to see, there’s a strict no-go on content that’s considered obscene or indecent.

• Sexually Explicit Material: This includes nudity, sexual acts, or any imagery that’s sexually suggestive. Even if your business is related to adult entertainment, there are strict rules about how you can advertise publicly.
• Offensive Language: Swear words, slurs, or any vulgar language are off the table. Keep your language clean and suitable for all audiences.
• Violent Imagery: Graphic images of violence, gore, or anything that could be disturbing are prohibited. Think twice before including any shocking visuals.
• Hate Speech: Content that promotes discrimination or hatred against any group is illegal. Your billboard shouldn’t contain messages that could incite violence or intolerance.

Staying within these boundaries not only keeps you on the right side of the law but also helps maintain a positive image for your brand.

False or Misleading Advertising

Honesty is the best policy—especially in advertising. The FTC cracks down hard on deceptive ads to protect consumers.

• Truthful Claims: Make sure all statements about your product or service are accurate and can be backed up. Don’t make promises you can’t keep.
• Omissions: Leaving out important information that could mislead people is just as bad as making false claims. Be transparent so consumers can make informed decisions.
• Exaggerations: While a little hyperbole can spice up your ad, be careful. Phrases like “the best ever” or “guaranteed results” might require proof.

The legal aspects of what you can and can’t put on your billboard can be complex, so getting expert help on restrictions is key.

Age-Restricted Products Advertising

Advertising products that are restricted by age, such as alcohol, tobacco, cannabis, and gambling services, come with additional layers of regulation. These rules are all about preventing underage exposure and promoting responsible use among adults.

Alcohol Advertising Guidelines

When advertising alcohol, it’s key to strike the right balance between appealing and responsible. Here’s what to consider:

• Age Appropriateness: Everyone in your ad should clearly be over the legal drinking age. Avoid themes or imagery that might attract minors.
• Content Limitations: Don’t glamorize excessive drinking or suggest that alcohol leads to social or sexual success. Steer clear of any health claims about alcohol’s benefits.
• Placement Restrictions: Be mindful of where your billboard is located. Avoid areas near schools, playgrounds, or parks where minors are likely to be.
• Mandatory Information: Some states require you to include disclaimers like “Please Drink Responsibly” or display the alcohol content. Check local laws to be sure.

Tobacco Advertising Restrictions

Due to the significant health risks associated with tobacco use, advertising for tobacco products is heavily regulated. You’ll want to know about these restrictions:

• Outdoor Advertising Ban: The Master Settlement Agreement (MSA) of 1998 prohibits tobacco companies from advertising on outdoor billboards and public transit. This means that traditional tobacco products like cigarettes and chewing tobacco cannot be advertised on billboards.
• E-Cigarettes and Vaping Products: Many states have extended advertising restrictions to include e-cigarettes and vaping products. Advertisers must check local laws to determine if these products can be advertised and under what conditions.
• Content Restrictions: Tobacco ads must not target minors, use cartoons or youth-oriented imagery, or imply health benefits. The use of characters or scenarios that appeal to children is strictly prohibited.

Cannabis Advertising Limitations

While the North American CBD market is projected to grow over 300% by 2032, the industry still faces a complex set of advertising restrictions that vary from state-to-state. If you’re not up to date on current cannabis advertising laws, navigating the rules for your billboard ad can get complicated fast.

• Content Restrictions: Avoid anything that could appeal to minors—no cartoons or playful imagery.
• Location Constraints: Many states ban cannabis ads near schools, parks, or playgrounds. Some require a minimum distance, like 1,000 feet.
• Mandatory Disclaimers: You might need to include legal disclaimers or health warnings. Make sure they’re easy to read.
• Approval Processes: In some areas, your ad needs to be approved by a regulatory body before it goes up.

Gambling Advertising Restrictions

Gambling ads come with their own set of rules to promote responsible gaming. Look out for a few of the following as you start drafting your billboard ad in Photoshop or other design platform:

• Age Restrictions: Don’t target anyone under the legal gambling age, which is usually 18 or 21, depending on the state. Make sure all the models and imagery in your ad reflect this age requirement. You don’t want to give the impression that gambling is for minors.
• Content Guidelines: Be careful with how you portray gambling. Avoid suggesting that it’s a way to solve financial problems or that it’s guaranteed to bring success. Don’t depict gambling as a means to achieve social, financial, or personal success—it can be misleading and promote unhealthy behavior.
• Mandatory Disclaimers: Some states require that gambling ads include responsible gaming messages, helpline numbers, or websites where individuals can seek help for gambling addiction. Make sure these messages are clear and easy to read; they show that you take responsible gaming seriously.
• Location Limitations: When choosing where to place your billboard, avoid areas near schools, residential neighborhoods, and places of worship. You’ll also want to double-check local zoning regulations to ensure you’re in the clear.

Political Advertising Restrictions

Political billboards are common during election seasons, but they come with specific political advertising guidelines to help ensure that the election process stays fair and transparent.

• Disclosure Requirements: Clearly indicate who paid for the advertisement with statements like “Paid for by [Name].” The Federal Election Commission (FEC) mandates transparent sponsorship disclosures.
• Defamation Laws: Steer clear of making false claims about opponents. Libel and slander can lead to serious legal issues.
• Placement Limitations: Political ads are typically prohibited on government property and in certain private venues like shopping malls or gas stations.
• Use of National Symbols: Be cautious when using symbols like the American flag. Misuse can be seen as disrespectful or misleading.

Legal Considerations in Content Use

Beyond what’s in your ad, you need to ensure you have the right to use all elements within it. Unauthorized use of protected works or individuals’ images can lead to legal action, making it essential to respect intellectual property and privacy laws.

Intellectual Property and Copyright Infringement

Using copyrighted material without permission is illegal and can result in lawsuits, fines, and the outright removal of your advertisement.

• Unauthorized Use of Images: Always obtain licenses or permissions for any images, graphics, or photographs used in your ad. This includes stock photos, illustrations, and any other visual elements. Just because it’s online doesn’t mean it’s free to use.
• Trademark Violations: Don’t use logos, brand names, slogans, or any other trademarks that you do not own or have explicit permission to use. This includes parodies or alterations of existing trademarks, which can still infringe on intellectual property rights.
• Parodies and Satire: While parody is protected under fair use in some cases, it’s a complex legal area. Using another company’s branding or imagery in a way that could cause confusion or imply endorsement is risky. When in doubt, consult a legal expert.

Privacy and Use of Likeness

Looking to feature people in your ad? Using an individual’s image or likeness without consent can violate their privacy rights and potentially lead to legal action. Here are a few things to keep in mind:

• Model Releases: If your ad features a person’s image, whether in a photograph or illustration, you need written permission to use their likeness for advertising purposes. This applies to professional models as well as members of the public.
• Celebrities and Public Figures: Using a celebrity’s or public figure’s image without consent can violate their right of publicity, even if the image is publicly available
• Personal Information: Never include personal details like addresses or phone numbers without explicit permission. This protects individuals’ privacy and complies with data protection laws.

State-Specific Billboard Content Bans and Future Trends

In addition to federal regulations, each state can have its own set of laws and guidelines that affect billboard advertising. Local ordinances can further complicate the landscape, making it essential to research and understand billboard restrictions in the areas where you plan to advertise.

Total Bans

Some states have banned billboards altogether or have imposed strict limitations on outdoor advertising to preserve scenic beauty or reduce visual clutter. For example, Vermont, Maine, Hawaii, and Alaska have statewide bans on billboards.

Environmental Laws

States like Oregon have implemented laws controlling the erection of new billboards. Oregon’s cap-and-replace law means that no new billboard can be erected unless an existing one is removed. These regulations aim to protect the environment and maintain the aesthetic appeal of landscapes.

Local Regulations

Cities and counties may have specific ordinances regarding billboard size, height, lighting, digital displays, and placement. For instance, some areas may prohibit digital billboards due to concerns about light pollution or driver distraction. Be sure to check local zoning laws and obtain any necessary permits before proceeding.

Before launching your campaign, consult with local planning departments or outdoor advertising professionals to ensure compliance with all applicable laws.

For up-to-date information on state-specific laws regarding billboard ads, refer to resources from the U.S. Department of Transportation.

Trouble Navigating Billboard Restrictions?

Don’t let legal complexities stand in the way of your advertising goals. If you’re looking for easy help with navigating billboard restrictions, Alluvit Media is here to help ensure your campaign launches without a hitch.

And the best part? You get graphic design services at no additional cost when you partner with us, so you can rest assured that your creative will comply with regulations at the local, state, and federal levels. Connect with a team that specializes in creating compliant, effective billboard ads tailored to your target audience—fill out our billboard request form to get started.