Where Do you Place the Disclosure if the Native Ad is an Image or Graphic?
If a native ad’s focal point is an image or graphic, a disclosure might need to appear directly on the focal point itself.
Sometimes a focal point on a publisher site is something other than a headline or other written text – for example, images or graphics. Disclosures placed near focal points that are images, graphics, or other visually strong elements might not be sufficiently noticeable to consumers and disclosures might need to be placed on the focal points themselves. For example, in deciding which videos to watch on a video-sharing channel, consumers might pay little attention to written descriptions and instead look at thumbnail images of the videos. Under those circumstances, a disclosure placed directly on the thumbnail image itself is most likely to be effective.
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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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