New FTC Online Advertising Rules Coming

The current guidelines have made it clear that, regardless of technology, online advertisements must disclose material information, but MediaPost reports that the rules focus primarily on banner ads and websites. Late last week, the Federal Trade Commission announced its plans to conduct a major overhaul of its May 2000 online advertising rules , known as the “Dot Com Disclosures.” In the early stages of development, the Commission has put out a request for public comments , seeking information on how it can adapt its online advertising rules to better comport with the technological and legal advances of the last 11 years. With the explosion of mobile marketing, smart phone apps, and social media, it’s been difficult for businesses to determine just when and how they must disclose information. The agency has attempted to keep up with some trends, promulgating online advertising rules requiring bloggers to disclose sponsorship and product placement. It also recently addressed paid endorsements on Twitter, advising advertisers to add a special hashtag, like “#ad,” according to MediaPost. However, its efforts in the area of online advertising have remained minimal, and have mostly been comprised of reminders that marketers should avoid deceptive practices by erring on the side of disclosure. Whether you choose to comment or not, it’s important to keep abreast of any changes, as they are likely to impact the way you use the internet to do business. And, in the meantime, remember that, even absent detailed federal online advertising rules, deceptive marketing has been successfully punished under state unfair competition laws when FTC regulations haven’t clearly applied. Related Resources: FTC Considers Update to Online Ad Disclosures (ClickZ) Advertising and Marketing (FindLaw) Bloggers and Paid Reviews: New FTC Guide to Endorsements (FindLaw’s Common Law) Fair Advertising Guide for Small Businesses (FindLaw’s Free Enterprise)

New FTC Online Advertising Rules Coming

Twitter Follow

Follow us on

Contact Us

ATTORNEY ADVERTISEMENT:  This communication or portions thereof may be considered "advertising" as defined by Section 6157(c) of the California Business and Professions Code or within the jurisdiction in which you are viewing this.  Nothing in the discussion above is intended to be a representation or guarantee about the outcome of any legal proceeding in which you may be involved.  By providing the information above in this format, Michel & Associates is not soliciting you to hire it to handle a specific legal matter you may currently have or be anticipating commencing in the future.  Notwithstanding the discussion above, you should not act or refrain from acting on the basis of any content on this site without seeking appropriate legal advice regarding your particular circumstances from an attorney licensed to practice law.  This communication is informational only and does not create an attorney-client relationship between you and Michel & Associates.  Michel & Associates's attorneys are licensed to practice in California, Texas, and the District of Columbia.