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May 31st, 2016
FTC Will Examine Effectiveness of Consumer Disclosures
The Federal Trade Commission ("FTC") announced last week its plan to host a public workshop on September 15, 2016 called "Putting Disclosures to the Test." The goal of the workshop is to have companies, academics, and the FTC weigh in on how to evaluate the effectiveness of disclosures advertisers make to consumers about advertising claims, privacy practices, and other information. If you are interested in being a presenter, you may submit a proposal by contacting the FTC at firstname.lastname@example.org by July 15th. To submit public comments in connection with the workshop click here (until November 2nd).
The press release for the workshop suggests that the FTC is particularly focused on exploring ways to evaluate and test consumers' understanding of disclosures made online and in other forms of digital media. The FTC last updated its guidance about disclosures in online advertising in March 2013 when it released the Dot Com Disclosure Guides, and has studied the effectiveness of disclosures in other industries and for specific purposes since then, for example, in connection with mobile shopping applications. We have previously reported on the FTC's guidance [here] and [here].
The fact that the FTC is examining disclosures again so soon may signal a concern that marketers' current practices are inadequate and that new guidance is required. Stay tuned for updates and further advice about how your company can effectively use disclosures so that consumers notice and understand them.
If you have any questions about advertising disclosures, or about any other advertising law issues, please contact Terri Seligman at (212) 826 5580 or email@example.com, Rayna Lopyan at (212) 705 4842 or firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Advertising, Marketing & Public Relations Group.
Other Advertising Law Alerts
FTC Research Indicates Disclosures Help Consumers Recognize Ads
The FTC has long stated that consumers should be able to recognize an ad as an ad. And if disclosures are necessary to ensure that consumers will recognize that an ad is an ad, then those disclosures must be made in a way that ensures that consumers can understand them.
January 5 2018
New Low-Budget Waiver is Now Available for Digital Commercial Productions
Advertisers and agencies that are signatories to the SAG-AFTRA Commercials Contract can now take advantage of a new waiver issued by SAG-AFTRA and the Joint Policy Committee on Broadcast Talent Union Relations when producing low-budget digital commercials.
November 10 2017
FTC Updates Endorsement Guide FAQs and Settles First-Ever Action Against Individual “Influencers”
Recent developments demonstrate the FTC's continued interest in social media endorsements.
September 11 2017