You've done your due diligence and you are sure that the
content of your advertisement is accurate and fully substantiated
with reliable data. All good, right? Not necessarily.
It's a good first step – but the FTC and advertising
laws are not limited to content, they also require that the
context and presentation of the advertisement not
be misleading or deceptive. The FTC recently re-affirmed this rule
in explaining its standards for so-called "native
advertising."
Native advertising is advertising that matches the design,
style, and behavior of the digital media in which it is
disseminated. One aim of a native advertisement is to blend in with
the organic content of a website. Native advertising has been on
the uptick in the past several years as advertisers try to convince
increasingly savvy internet users to click on their advertisements.
According to the FTC, however, a well-designed native advertisement
may well be impermissibly deceptive.
