FTC Dot Com Disclosure Update: What's New for 2013 | Orrick, Herrington & Sutcliffe LLP - JDSupra: " . . .
The revised guidelines, “
.com Disclosures: How to Make Effective Disclosures in Digital Advertising (pdf),” seek to help businesses apply many of the same principles espoused in the previous version of the guidelines to modern technologies and marketing channels. WHAT’S THE SAME: The guidelines emphasize that traditional consumer protection laws—most importantly, the FTC Act §5’s prohibition on “unfair and deceptive practices”—apply with equal weight to advertising online and in new media. The guides also make clear that “advertising” encompasses all forms of promotional content, from online advertising, marketing, and sales, to promotional activities, testimonials, social media, blog posts and other forms in use now or in the future. As ever, if a disclosure is required to prevent an advertisement from being deceptive or unfair, the disclosure must be “clear and conspicuous”. . ."
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