The Federal Trade Commission, or FTC, Tuesday emphasized that consumer protection laws apply equally to marketers across all mediums, whether delivered on a desktop computer, a mobile device, or traditional media such as television, radio or print.
Announcing the revised Online Advertising Disclosure Guidelines, the FTC said 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, 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 guidelines are an update on the 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, considers the expanding use of smartphones with small screens and the rise of social media marketing. It also includes mock ads that illustrate the updated principles.
As per the new guidance, if an advertisement without a disclosure would be deceptive or unfair, or would otherwise violate a Commission rule, and if 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 says disclosures should be "as close as possible" to the relevant claim. It calls on advertisers to avoid using hyperlinks for disclosures that involve product cost or some health and safety issues. The new guidelines also call for labeling hyperlinks as specifically as possible.
Further, the revised guidance points out that advertisers using space-constrained ads, such as on some social media platforms, must still provide required disclosures to prevent an ad from being deceptive. In this regard, marketers are advised to avoid conveying such disclosures through pop-ups as they are often blocked.
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