On Tuesday, the Federal Trade Commission announced final revisions to the guidance it gives to advertisers on how to keep endorsement, testimonial, and other digital ads in compliance with the FTC Act, ".com Disclosures, How to Make Effective Disclosures in Digital Advertising." The Revised Guide expands on the initial version released in 2000 by providing important insight into how advertisers should address the likelihood that different mediums may be used to view the same ad, and the increasing prevalence of space-constrained ads such as banner ads and tweets.
For instance, the Revised Guide explains that advertisers must account for the anticipated use of smartphones and tablets by either creating a mobile-optimized version that the ad will default to or designing the ad such that disclosures are clear and conspicuous regardless of how they are viewed. Additionally, the Revised Guide sets forth new considerations for advertisers using space-constrained ads, including the capacity to use short form disclosures such as “Ad:” and the possibility of republication by consumers.
For more information, see the Kelley Drye client advisory.