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ARTICLE · 10 MARCH 2016

Is The ASA Killing Native Advertising?*

Global Advertising Lawyers Alliance (GALA)
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The ASA's latest decision on native advertising has worrying implications for both brands and publishers, both of which face continuing regulatory challenges.

United StatesMedia, Telecoms, IT, Entertainment

The ASA's latest decision on native advertising has worrying implications for both brands and publishers, both of which face continuing regulatory challenges. The greatest concern is that the balance between freedom to advertise and consumer protection has now been tipped too far towards the latter, undermining the utility of native advertising for both brands and publishers.

The latest decision concerned an advertorial on BuzzFeed for Dylon's Colour Catcher. Part of the problem stemmed from the fact that the content was similar in look and feel to the editorial content on a typical BuzzFeed post, being a 'listicle' entitled "14 laundry Fails We've Experienced."

However, immediately below the headline of the article was Dylon Colour Catcher logo and text stating "Dylon Brand Publisher," with a link to the Dylon page on BuzzFeed. This is in contrast with BuzzFeed editorial content, where there are photographs of the author, their name, and a title, such as "BuzzFeed

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