The Federal Trade Commission has revised its Dot Com
Disclosures guide to online advertising guidelines to reflect rise of mobile
platforms, including making it clear that disclosures have to be readable even
in smaller space.
The guide was released in 2000, before the rise of smartphones
and tablets and the migration to mobile broadband.
guidelines, released on Tuesday, still make clear that, where possible, it
is best to make caveats and limitation part of the initial claim rather than a
separate qualifying disclosure. But where disclosures are necessary, they apply
across all media.
The FTC says it is best not to have to scroll to a
disclaimer, and that they should be displayed before a decision to buy
("add to shopping cart") is offered.
The guidelines warn that if a disclosure is needed to
prevent an online ad claim from being false or deceptive, it must be clear and
conspicuous on small devices and social media platforms, and if that can't be
done, the ad should not appear on those platforms.
One change to the 2000 guidelines is that while the old
guidelines defined proximity of a disclosure to an ad as "near, and when
possible, on the same screen," the new definition is "as close as
possible" to the claim.
The guidelines discourage use of pop-ups for disclosures -- many
people block them -- and recommend avoiding hyperlinks to disclosures of key
elements like cost, health or safety.
The vote was reported as 4-0-1, with
commissioner Jon Leibowitz. That is because the vote came after the new commissioner
Edith Ramirez became chair March 4, but before former chairman Leibowitz had
exited later in the week, creating a period of a couple of days where he was
still a member of the commission but not voting on any items.