The Federal Trade Commission (FTC) made a number of changes to its regulations and guidelines in 2013. Specifically, the FTC updated its “.com Disclosures” guide to provide advertisers with more specific instructions for complying with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in various forms of new media. Moreover, the updated guide emphasized that disclosures must be clear and conspicuous on all devices and platforms where consumers may encounter advertisements and clarified methods by which advertisers can implement effective disclosures. The FTC also announced new mobile privacy guidelines designed to improve the disclosures that appear on mobile platforms and that are used by application developers.
On the privacy side, dozens of state and territory attorneys general filed … Continue Reading
There were significant changes in almost every aspect of the law relating to advertising, marketing and promotions in 2013, and Davis & Gilbert published a piece entitled, “2013 Lessons Learned and 2014 Practical Advice.” This piece explains and discuss what happened, and offer suggestions for advertisers and agencies to think about and address in 2014.
Over the next few weeks, I will share with you a few pieces I authored on the topics of: Environmental marketing, National Advertising Division of the Council of Better Business Bureaus rulings, and the Federal Trade Commission’s changes to its regulations and guidelines in.
Environmental marketing made a significant comeback in 2013. After years of diminished standing during the Great Recession, green issues were again … Continue Reading
We’re all familiar with the classic product demonstrations in television commercials: who hasn’t seen re-enactments of the super-absorbent paper towel, or the dish detergent that cuts through grease with a single drop?
How do we define a demonstration? Well, a demonstration is just that: a way for advertisers to show the product functioning as it actually would, as objective “proof” of performance. As such, it is especially important that demonstrations actually consist of a true and accurate portrayal of the product. When the FTC began bringing enforcement actions concerning advertising demonstrations in 1959, it encountered cases where products or props had been doctored, enhanced or replaced to achieve the desired performance, and the advertiser had not disclosed any modification. Even … Continue Reading