The importance of clear and conspicuous disclosures in national advertising and social media campaignsPDF
Adam's article "The importance of clear and conspicuous disclosures in national advertising and social media campaigns" was published in Inside Counsel on December 23, 2015.
From the article:
Marketers, large and small alike, must carefully consider that important information such as service limitations and additional purchase requirements are meaningfully disclosed to consumers as part of any advertising campaign. This obligation is highlighted by the Federal Trade Commission’s recent focus on national advertising that the agency believes lacks sufficient disclosure as part of its Operation Full Disclosure, and recent enforcement action against Sony and its advertising agency, including relating to a social media campaign.
FTC’s Operation “Full Disclosure”
The FTC has long touted that it tests the sufficiency of a disclosure by looking at the “four P’s” — sufficient prominence, placement as to whether consumers would see the disclosure, presentation in a manner to be easily understood and timely and in close proximity to the triggering claim. The FTC also evaluates the disclosure as to whether it would be sufficiently noticed and understood by the target audience.