What are the requirements for Carvel franchisees regarding the content of their advertising and promotional materials?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Advertising Standards. Except as otherwise provided in the Manuals, you may use only Advertising and Promotional Content that we have furnished or approved in writing in advance. "Advertising and Promotional Content" includes all advertising, marketing, promotional, customer relationship management, public relations, and other brand-related programs, materials, and content relating to the Franchised Business, the Marks, or the Approved Products, including (i) any branded materials (such as business cards, signs, counter cards, banners, posters, displays, window clings, and in-store messaging), (ii) press releases, (iii) printed materials (such as leaflets, direct mail materials, coupons, and published advertisements), (iv) promotional items (such as branded specialty and novelty items, products, and clothing), (v) audio or video advertising (such as radio, television, or podcast ads or online video postings), and (vi) Digital Marketing (as defined in Section 10.2 (Digital Marketing)). You must ensure that all Advertising and Promotional Content that you or your agents or representatives develop or implement related to the Franchised Business is (a) clear, factual, ethical, and not misleading, (b) complies with all Laws, and (c) conforms to our Standards and the advertising and marketing policies that we periodically specify. You may not market or advertise in violation of federal laws regulating advertising, such as the CAN-SPAM Act and the TCPA, and state advertising laws applicable to your Franchised Business.
B. Submission and Review of Proposed Content. Except as otherwise provided in the Manuals and for Advertising and Promotional Content that we furnish to you, you must submit to us for our written approval, before use, copies of all proposed Advertising and Promotional Content that you intend to use or implement. We have the right to approve or disapprove any Advertising and Promotional Content, as well as the media in which intend to use them, in our sole discretion. We reserve the right to require you to discontinue the use of any Advertising and Promotional Content for any reason.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, franchisees must adhere to specific standards for their advertising and promotional content. Unless specified otherwise in the manuals, franchisees can only use advertising and promotional content that Carvel has either provided or approved in writing beforehand. This content encompasses a wide range of materials, including branded items, press releases, printed materials, promotional items, audio and video advertising, and digital marketing efforts.
Carvel mandates that all advertising and promotional content developed or implemented by franchisees or their representatives must be clear, factual, ethical, and not misleading. It must also comply with all applicable laws and conform to Carvel's standards and advertising policies, which may be updated periodically. Franchisees are prohibited from engaging in marketing or advertising practices that violate federal laws, such as the CAN-SPAM Act and the TCPA, as well as any relevant state advertising laws.
Before using any advertising and promotional content not furnished by Carvel, franchisees must submit it to Carvel for written approval. Carvel retains the right to approve or disapprove any content and the media in which it is intended to be used, at its sole discretion. Furthermore, Carvel reserves the right to require franchisees to discontinue using any advertising and promotional content for any reason. This ensures that all advertising aligns with Carvel's brand image and complies with legal and ethical standards.