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Unformatted text preview: re described truthfully online and that consumers get what they pay for,
the FTC will continue to enforce its consumer protection laws. Most of the general principles
of advertising law apply to online ads, but new issues arise almost as fast as technology
develops. The FTC will continue to evaluate online advertising, using traditional criteria, while
recognizing the challenges that may be presented by future innovation. Businesses, as well,
should consider these criteria when developing online ads and ensuring they comply with the
law. 30. See supra note 23. 21 Appendix:
Examples .com Disclosures: How to Make Effective Disclosures in Digital Advertising Example 1
The disclosure “imitation” needs to accompany the triggering term “pearl,” so that
consumers are not misled about the type of pearls being sold. The disclosure would not be
as effective if it was separated from the word “pearl” or placed on a different page. The FTC’s
Guides for the Jewelry, Precious Metals, and Pewter Industries, 16 C.F.R. § 23.19, recognize this
and advise that the disclosure “imitation” immediately precede the word pearl. In this situation,
there is no reason to evaluate proximity differently in online ads than other types of ads. A-2 Federal Trade Commission Example 2
This ad must disclose that the diamond weights are not exact and that a 3/4 carat
diamond may weigh between .72 and .78 carats. Here, though, because of the blank space
between the textual description of the product and the disclosure, even consumers who scroll
down to the end of the text (see second screen) will probably think that there is no more
information to view and are likely to miss the disclosure. A-3 .com Disclosures: How to Make Effective Disclosures in Digital Advertising Example 3
Advertisers should take into consideration the variety of devices and platforms that
consumers can use to view their ads and ensure that necessary disclosures are clear and
conspicuous on any device or platform that is capable of displaying their message.
In this example, consumers might not expect a monthly service fee for cameras used to
monitor their homes over the Internet, so a disclosure is necessary to prevent the ad from being
misleading. Placing the disclosure in a different column t...
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This document was uploaded on 03/29/2014.
- Spring '14