Current through Register Vol. XLI, No. 50, December 13, 2024
Section 6-2-10 - Advertising10.1. All advertising shall comply with the requirements set forth in W. Va. Code §§ 30-6-1 et. seq.10.2. A licensee, registrant or any other person, persons or business organization associated or in any way connected with n crematory shall not use or sponsor the use of any false, misleading, untrue or deceptive advertising in any manner. 10.2.1. If the words "Free," "Without Charge" or other words with similar connotations have the effect of misleading the public, the Board may consider the advertisement to be false and misleading.10.2.2. Solicitation. 10.2.2.a. A licensee, registrant or any other person, persons or business organization associated or in any way connected with a crematory shall not offer any inducement, pecuniary or otherwise for employing solicitors, agents, canvassers or other persons for the purpose of securing or attempting to secure business, pursuant to W. Va. Code §§ 30-6-23(a)(9), 30-6-23(a)(12) and 30-6-23(a)(13). These persons shall not call upon, telephone, write or cause, directly or indirectly, advertising literature to be sent to a sick or dying person as would tend to be considered non-general, selective or soliciting advertisements. A licensee, registrant or any other person, persons or business organization associated or in any way connected with a crematory shall not offer or accept bribes or kickbacks, direct or indirect.10.2.2.b. The board shall not prohibit generalized advertising in newspapers, flyers, bulletins, pamphlets, leaflets, brochures, circulars, on television or radio, or on billboards; provided, that such generalized advertising shall not target sick or dying persons or a specific population or group.10.2.3. The contents of the advertising shall include the name of the crematory, its address and telephone number and the name of the certified crematory operator in charge. The advertisement may also include a description of the types of services available and their prices and the service facilities of the advertiser as well as general information pertaining to his or her business.10.2.4. A crematory which advertises any merchandise used in connection with his or her business shall carry in his stock a sample of the merchandise for a period of not less than thirty (30) days after advertisement publication and shall be able to meet any and all demands for such items, with no increase in price, for the stated period of not less than thirty (30) days.10.3. Exceptions to subsection 10.2.3. of this section.10.3.1. Advertising medium which is notably small in size is exempt from subsection 10.2.3. of this rule, including but not limited to pens, pencils, or other items smaller than 1.5 inches in diameter.10.3.2. A business card is exempt from subsection 10.2.3. of this rule.10.3.3. A licensee may request additional exemptions based on the size of the advertising medium by filing a written request in the Board office, before ordering the items. The Board shall approve or deny the request within thirty (30) days of receipt of the request.