What do Businesses Need to Know to Ensure that the Format of Native Advertising is Not Deceptive?
The Enforcement Policy Statement explains the law in detail, but it boils down to this:
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From the FTC’s perspective, the watchword is transparency. An advertisement or promotional message shouldn’t suggest or imply to consumers that it’s anything other than an ad.
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Some native ads may be so clearly commercial in nature that they are unlikely to mislead consumers even without a specific disclosure. In other instances, a disclosure may be necessary to ensure that consumers understand that the content is advertising.
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If a disclosure is necessary to prevent deception, the disclosure must be clear and prominent.
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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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