(The Center Square) – Just days away from the Super Bowl, a gaming industry publication believes Ohio law and potential nationwide advertising could lead to more fines for companies.
Ohio Casino Control Commission spokeswoman Jessica Franks, according to Gaming Today, said there is no exception in Ohio law for national advertising. The group also reported both DraftKings and FanDuel plan to run Super Bowl commercials Sunday that promote their sportsbooks.
“There is no exception in Ohio law for advertisements that are national or multi-jurisdictional. All advertisements that are available in Ohio must adhere to all requirements of Ohio law, including the advertising standards in Ohio Adm.Code 3775-16-08 and the promotion requirements in Ohio Adm.Code 3775-16-09,” Franks said in an email statement to Gaming Today.
Marcus DiNitto, senior news editor for the outlet, said if the companies plan a nationwide campaign it could lead to fines in Ohio and more scrutiny from other states.
“If DraftKings or FanDuel airs a Super Bowl ad that includes language that’s prohibited in Ohio, there’s a good chance they’ll face a fine from Ohio regulators. That action against a national campaign could invite the attention of other state gaming commissions or attorneys general,” DiNitto said in a news release. “The industry may see more crackdowns that address marketing language promoting ‘free’ bets that in actuality are not free. With Massachusetts coming online as the next legal sports betting market, that state is another one to watch.”
In its Monday article, Gaming Today called Ohio’s sports betting regulations one of the most aggressive in the nation and said it has forced sportsbook companies to make adjustments.
As previously reported by The Center Square, the Ohio Casino Control Commission fined three companies during the state’s first week of legalized betting, which began Jan. 1.
MGM, Caesars and DraftKings were all notified in early January the state planned to take administrative action against all three for allegedly violating gaming rules pertaining to advertising and promotions.
The commission said, in a news release, it would fine each $150,000 and take other action to ensure personnel are trained in laws, rules and policies related to sports gaming advertising and promotions.
The commission alleges all three violated parts of Ohio law and the commission’s rules that require sports gaming advertisements to clearly and conspicuously contain a message designed to prevent problem gambling as well as a helpline number to help access resources.
Also, all three companies allegedly advertised promotions or bonuses described as “free” or “risk-free” when patrons were required to take a loss or risk their own money to get the promotion.
Commission rules on promotions and bonuses prohibits the use of the word or phrase “free” or “risk-free” in promotions where a customer must spend their own money to obtain the promotional value.
