FTC Released a Guide for .com Disclosures: How to Make Effective Disclosures in Digital Advertising (March 2013)

Guide for .com Disclosures: How to Make Effective Disclosures in Digital Advertising

In March 2013, the Federal Trade Commission (“FTC”) released updated guidance titled .com Disclosures: How to Make Effective Disclosures in Digital Advertising, which outlines best practices for online advertising. This document highlights the importance of clear and conspicuous disclosures, essential for maintaining transparency in the online marketplace.

The guidance emphasizes that the same consumer protection laws applicable to traditional media also apply to online advertising. This includes the FTC's prohibition against unfair or deceptive practices. Advertisers are required to ensure that any necessary disclosures are easily noticeable and understandable. Key considerations include the proximity of the disclosure to relevant claims, its prominence, and the potential for distractions within the advertisement.

Furthermore, the guidance suggests that disclosures should ideally be integrated into the main claim rather than appearing separately, and they should be repeated when necessary. Audio and visual disclosures must be appropriately timed and clear to ensure effective communication.

Overall, while the document aims to enhance compliance with FTC regulations, it does not guarantee immunity from liability. The effectiveness of disclosures ultimately depends on whether they successfully convey essential information to consumers. This emphasis on effective communication in digital advertising not only protects consumers but also fosters fair competition among businesses.

For more information, see here:  https://www.ftc.gov/tips-advice/business-center/guidance/com-disclosures-how-make-effective-disclosures-digital

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