How Do you Make Clear and Prominent Disclosures in Native Advertising?

How Do you Make Clear and Prominent Disclosures in Native Advertising?

Disclosures that are necessary to avoid misleading consumers must be presented clearly and prominently.  Whether a disclosure of a native ad’s commercial nature meets this standard will be measured by its performance – that is, do consumers recognize the native ad as an ad?  Only disclosures that consumers notice, process, and understand can be effective.  Inadequate disclosures can’t change the net impression created and won’t stop consumers from being deceived that advertising or promotional messages are something other than ads.

The FTC staff business guidance document .com Disclosures:  How to Make Effective Disclosures in Digital Advertising explains what advertisers should do to ensure disclosures in digital advertising are clear and prominent.   In general, disclosures should be:

  • in clear and unambiguous language;

  • as close as possible to the native ads to which they relate;

  • in a font and color that’s easy to read;

  • in a shade that stands out against the background;

  • for video ads, on the screen long enough to be noticed, read, and understood; and

  • for audio disclosures, read at a cadence that’s easy for consumers to follow and in words consumers will understand

Disclosures must be clear and prominent on all devices and platforms that consumers may use to view native ads.  In assessing effectiveness, disclosures should be considered from the perspective of a reasonable consumer.  When ads are targeted to a specific audience, the relevant perspective is that of a reasonable or ordinary member of the targeted group.  Advertisers should improve their disclosures if there are indications that a significant minority of reasonable consumers do not notice, process, or comprehend them.

Advertisers have flexibility as to how to identify native ads as ads, so long as consumers notice and process the disclosures and comprehend what they mean.  Some native ads use text labels or company logos combined with other visual cues, such as background shading, outlines, or borders.  Multimedia ads, such as online videos, may use graphics, video or audio disclosures, or some combination thereof.  The following discussion describes additional information that advertisers should consider to make clear and prominent disclosures in native advertising on the main page of a publisher site and on the click- or tap-into page on which a complete ad appears.

 

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For more information, see here:  https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses

 

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