Our marketing people are developing a "sales menu" (like a restaurant menu) for our branch people to use when discussing products with customers. The menu would be laminated and have info on various accounts, features, etc. The menu would be shown to customers but not given to them to keep.
The question is whether the menu must have all the disclosures we would normally put in a newspaper ad or a flier. Marketing feels the menu is a "sales tool" for internal use and therefore not an ad. I say that since the customer may look at it (but not keep it) it is still an ad and needs all the fine print.
One option proposed is to label it "For Internal Use Only - Not for Distribution."
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My opinions are not legal advice and are worth what you paid for them.