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Publications | April 10, 2020
2 minute read

No More Advertising of Certain Non-Essential Goods for Larger Stores

As of April 13, 2020, all operating stores larger than 50,000 square feet must cease advertising certain non-essential goods. Governor Whitmer’s April 9, 2020 Executive Order No. 2020-42 (“Revised Order”) requires operating stores of more than 50,000 square feet to refrain from advertising or promoting goods that are not groceries, medical supplies or items necessary to maintain the safety, sanitation and basic operation of residences. The Revised Order applies to any store that remains open for in-person sales: (a) that is part of the critical infrastructure or is a retail store that sells groceries, medical supplies and products necessary to maintain the safety, sanitation and basic operation of residences; and (b) is more than 50,000 square feet in size.

This prohibition comes just one week after Michigan Attorney General Dana Nessel sent a letter to Menards regarding their advertising practices during the “Stay Home, Stay Safe” order.

According to the letter: “This Department has received multiple complaints about Menards’ current business operations. Those complaints suggest that Menards is intentionally marketing and advertising to drive additional business into its stores in violation of the Governor’s Executive Order.” As a result, the letter states, “We have asked that Menards cease any and all practices that run contrary to the spirit and intent of the Governor’s Stay Home, Stay Safe Order, including marketing sales to draw large numbers of the general public into their stores for non-emergency purposes.”

For further questions or practical advice on how to comply with these advertising restrictions, please contact Janet Ramsey or Amanda Fielder.