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FTC Guidance on Native Advertising

In December 2015 the FTC released new guidance on "native advertising", which is content that looks like an article or a news feature, but which lacks the objectivity inherent in real journalistic reporting because of a financial interest that has been exchanged for the use of the content.

The FTC "Truth in Advertising" requirements for a disclosure of the interests come into play whenever a review, an article, a product review, or some entertainment or event news announcement is published so that the public can distinguish advertising from other content that does not require disclosure.  If a financial or other type of interest exists, the disclosure must be "clear, conspicuous and prominent". 

The lead paragraph of the Principle section of the FTC guidance is illuminating. It states:

"... an act or practice is deceptive if there is a material misrepresentation or omission of information that is likely to mislead the consumer acting reasonably in the circumstances. 

The examples provided in the guidance provide a wide range of situations which clarify where discolsures are needed and where they are not.

Here is a search tool that helps you get access to the latest news and information on the FTC's.

FTC guidance on native advertising

 

Here is one that gets you to the latest guidance on how to properly make FTC disclosures on digital content:

How to Make Proper Disclosures in Digital Content

 

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