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Unformatted text preview: e Clear and Conspicuous Requirement Disclosures that are required to prevent an advertisement from being deceptive, unfair,
or otherwise violative of a Commission rule, must be presented “clearly and conspicuously.”18
Whether a disclosure meets this standard is measured by its performance — that is, how
consumers actually perceive and understand the disclosure within the context of the entire ad.
The key is the overall net impression of the ad — that is, whether the claims consumers take
from the ad are truthful and substantiated.19 If a disclosure is not seen or comprehended, it will
not change the net impression consumers take from the ad and therefore cannot qualify the
claim to avoid a misleading impression.
In reviewing their ads, advertisers should adopt the perspective of a reasonable
consumer.20 They also should assume that consumers don’t read an entire website or online
screen, just as they don’t read every word on a printed page.21 Disclosures should be placed
as close as possible to the claim they qualify. Advertisers should keep in mind that having to
scroll increases the risk that consumers will miss a disclosure.
In addition, it is important for advertisers to draw attention to the disclosure. Consumers
may not be looking for — or expecting to find — disclosures. Advertisers are responsible for
ensuring that their messages are truthful and not deceptive. Accordingly, disclosures must
be communicated effectively so that consumers are likely to notice and understand them in
connection with the representations that the disclosures modify. Simply making the disclosure
available somewhere in the ad, where some consumers might find it, does not meet the clear
and conspicuous standard.
If a disclosure is necessary to prevent an advertisement from being deceptive, unfair, or
otherwise violative of a Commission rule, and if it is not possible to make the disclosure clear
and conspicuous, then either the claim should be modified so the disclosure is n...
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This document was uploaded on 03/29/2014.
- Spring '14