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or the ad should not be disseminated. Moreover, if a particular platform does not provide an 18. Some rules and guides, as well as some FTC cases, use the phrase “clearly and prominently” instead of
“clearly and conspicuously.” As used in FTC rules, guides, and cases, these two phrases are synonymous.
They may have different meanings under other statutes.
19. Deception Policy Statement at 175-76.
20. Deception Policy Statement at 178. The Deception Policy Statement also says that “[w]hen representations
or sales practices are targeted to a specific audience, such as children, the elderly, or the terminally ill, the
Commission determines the effect of the practice on a reasonable member of that group.” Id. at 179 (footnote
21. Deception Policy Statement at 180-81. 6 Federal Trade Commission opportunity to make clear and conspicuous disclosures, it should not be used to disseminate
advertisements that require such disclosures.22 C. What Are Clear and Conspicuous Disclosures? There is no set formula for a clear and conspicuous disclosure; it depends on the
information that must be provided and the nature of the advertisement. Some disclosures are
quite short, while others are more detailed. Some ads use only text, while others use graphics,
video, or audio, or combinations thereof. Advertisers have the flexibility to be creative in
designing their ads, as long as necessary information is communicated effectively and the
overall message conveyed to consumers is not misleading.
To evaluate whether a particular disclosure is clear and conspicuous, consider:
● the placement of the disclosure in the advertisement and its proximity to the claim it
is qualifying; ● the prominence of the disclosure; ● whether the disclosure is unavoidable; ● the extent to which items in other parts of the advertisement might distract attention
from the disclosure; ● whether the disclosure needs to be repeated several times in order to be effectively
communicated, or because consumers may enter the site at different locations or
travel through the site on paths that cause them to mi...
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This document was uploaded on 03/29/2014.
- Spring '14