ARTICLE
4 May 2020

Michigan's Latest Executive Order Removes Ban On Advertising Of "Nonessential" Goods For Large Stores

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Frankfurt Kurnit Klein & Selz

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Michigan's Latest Executive Order Removes Ban on Advertising of "Nonessential" Goods for Large Stores
United States Media, Telecoms, IT, Entertainment

As I previously wrote about, earlier this month Michigan Governor Gretchen Whitmer issued executive order 2020-42 which extended her "Stay Home, Stay Safe" order until April 30, 2020. It also included various restrictions for advertisers, including banning large stores (those with over 50,000 square feet of commercial retail space) from advertising or promoting goods that are not "groceries, medical supplies, or items that are necessary to maintain the safety, sanitation, and basic operation of residences," and it banned the advertisement of short-term vacation properties "except as necessary to assist in housing a health care professional or volunteer aiding in the response to the COVID-19 crisis."

In response, the Association of National Advertisers ("ANA") called on Governor Whitmer to rescind these parts of the executive order, finding that these restrictions on advertising were "unconstitutional and did not further any public health interest."

Yesterday, Governor Whitmer issued a new executive order which rescinds executive order 2020-42, removes the advertising restrictions for large retailers and short-term vacation properties, and extends Michigan's "Stay Home, Stay Safe" order until May 15, 2020.

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