Tag Archives: Native Advertising

FTC Turns Attention to Social Media Influencers Working for Advertisers

For years the Federal Trade Commission (FTC) has made clear to advertisers that they are responsible for messages on social media by their employers or by consumers and celebrities and other influencers with which they have a material connection (e.g., they are employed, paid or given anything of value, even discounts, samples, coupons and sweepstakes … Continue Reading

Five Takeaways from the DAA’s Recent Cases Involving Interest-Based Ads

As we have previously chronicled here and here, the Digital Advertising Alliance (DAA) continues its sweep of interest-based advertising (IBA) through its enforcement vehicle, the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP). Two recent OIBAAP decisions involving web publisher Hollywood Reporter and programmatic advertising agency Varick Media Management provide further guidance on the … Continue Reading

FTC Issues Native Ad Guidance

We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC truth-in-advertising principles, we have recommended how to avoid deception claims by the FTC or the NAD by providing clear and conspicuous disclosure that advertisements … Continue Reading

Industry Regulatory Organization to Outbrain and Gravity: Interest-Based Native Advertising Must Comply With Self-Regulatory Principles

In two decisions issued last week, major native advertising players Gravity and Outbrain were found to have failed to comply with the online advertising industry’s self-regulatory principles for interest-based ads. The decisions, issued by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP), are the first to address whether native advertising targeted toward consumers’ … Continue Reading

Native Advertising, the First Amendment and the FTC

Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource … Continue Reading
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