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ARTICLE · 22 JULY 2016

Below The Fold Is Below The Radar - Native Advertising Disclosure Must Be Clear, Conspicuous & Unavoidable

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In this case, Warner hired an ad agency, Plaid Social (Plaid), to run their YouTube campaign which also required influencers to post on social media sites such as Twitter and Facebook.

CanadaMedia, Telecoms, IT, Entertainment
Christopher Hersh
Christopher Hersh
Belinda Chiu
Belinda Chiu
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Last week, the Federal Trade Commission (FTC) reached a settlement with Warner Bros. Home Entertainment Inc. (Warner) and issued a proposed 20 year consent order in connection with allegations that Warner's 2014 influencer campaign constituted deceptive native advertising. The FTC's complaint alleges that Warner failed to disclose that it paid online influencers were paid to promote Warner's Middle Earth: Shadow of Mordor video game. This is the second FTC enforcement action following the release of its native advertising guidelines ( see our blog post on the guidelines here). The first FTC action was against Lord & Taylor for its deceptive (and hugely successful) Instagram influencer campaign that similarly failed to disclose that compensation had been provided to influencers.

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