FTC issues new digital advertising guidelines

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The FTC this week revised its thirteen year old staff guidance document Dot Com Disclosures. The revised document, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, is the result of the FTC's review of public comment, hosting of a workshop and analyzing written feedback. Basically, it's much of the same with some fresh paint for the changes in the way we advertise today. Here are the four key points:

  1. A reminder: Consumer protection laws still apply across the board to print, radio, TV, and online advertising. Regardless of how or where you market, truth-in-advertising principles apply.
  2. Everyone knows that disclosures must be clear and conspicuous, but for the mobile age advertisers should make sure their disclosures are clear and conspicuous on all devices and platforms that consumers may use to view their ads; if an ad would be deceptive or unfair ( or would otherwise violate an FTC rule) without a disclosure — but the disclosure can’t be made clearly and conspicuously on a particular device or platform — then that ad shouldn’t run on that device or platform.
  3. Disclosures always had to be in proximity to the ad to which they referred. The new advice tailors this requirement to more modern ways of advertising. Disclosures should be “as close as possible” to the relevant claim. It also calls on hyperlinks containing disclosures to be as specific as possible.
  4. Despite space constraint issues on social media platforms, companies still have to make necessary disclosures clearly and conspicuously. Pop-ups are also a no-no, since so many technologies exist to block them.

Disclosures are always a thorn in the side of the creative folks. One way to avoid them is to build an ad that doesn't require them. Think about ways to advertise without stating a trigger term or a claim that requires additional disclosure. For advice on how to build a compliant advertisement or navigate a series of state and federal advertising laws, consult your attorney.