FTC Staff Revises Online Advertising Disclosure Guidelines

The following includes highlights from an FTC news release today 3/12/2013:

 

http://www.ftc.gov/opa/2013/03/dotcom.shtm 

The Federal Trade Commission today released new guidance f or mobile and other online advertisers that explains how to make disclosures clear and conspicuous to avoid deception.
 

Updating guidance known as Dot Com Disclosures, which was released in 2000, the new FTC staff guidance, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, takes into account the expanding use of smartphones with small screens and the rise of social media marketing. 

It also contains mock ads that illustrate the updated principles.
 

Like the original, the updated guidance emphasizes that consumer protection laws apply equally to marketers across all mediums, whether delivered on a desktop computer, a mobile device, or more traditional media such as television, radio, or print.
 

If a disclosure is needed to prevent an online ad claim from being deceptive or unfair, it must be clear and conspicuous. Under the new guidance, this means advertisers should ensure that the disclosure is clear and conspicuous on all devices and platforms that consumers may use to view the ad. 

 

The new guidance also explains that if an advertisement without a disclosure would be deceptive or unfair, or would otherwise violate a Commission rule, and the disclosure cannot be made clearly
and conspicuously on a device or platform, then that device or platform should not be used.

The new guidance points out that advertisers using space-constrained ads, such as on some social media platforms, must still provide disclosures necessary to prevent an ad from being deceptive, and it advises marketers to avoid conveying such disclosures through pop-ups, because they are of ten blocked.