FTC
Guidelines
for On line Ads |
On line
advertising is expected to grow even more this year.
And although Internet advertising is still relatively new, the Federal
Trade Commission is watching and going after companies with ads that it
doesn't consider truthful and substantiated.
By its nature, the Internet combines aspects of print,
television and radio, giving consumers a multi-media, interactive
environment. This raises advertising issues that are
unique even though the same FTC standards apply to on line ads
as they do to more traditional media. The guiding principle is truth
and substantiation of claims.
Sounds easy enough. But when it comes down to the legal requirement of
“clear and conspicuous”
disclosure, the waters start to muddy.
Some on line ads use only text while others are a combination of text,
graphics, video and audio. To the FTC, the key is the overall
impression the ad makes. The commission urges advertisers to adopt the
stance of a reasonable consumer and
remember that people don’t generally read an entire Web site
any more than they read every word on printed pages.
Typically, print ads disclose key material in small print at the
bottom. This information is at the end of television or radio
commercials. On line, you can choose between:
Placing
the disclosure on the same page as the ad.
Linking
to the disclosure information.
Even
the colors and contrasts are important when designing an Internet ad.
To help clear up some of the confusion, the FTC has issued guidelines
explaining what it looks for when determining if an on line
ad’s disclosure is clear and conspicuous. Here’s a
summary of the major points to help you comply with the regulations:
Place disclosures as close to the ad as possible — on the
same screen if space allows. Provide visual cues to get the consumer to
scroll down if the material is at the end of a multi-screen page.
Being subtle doesn't work — the disclosure must be
obvious. Take a look at the size, color and graphic treatment
of the disclosure in relation to the rest of the screen. Make them
large enough and accessible from every appropriate page on the site.
Watch the text, graphics, links and sound so
they don't distract the consumer’s attention from
the disclosure.
Use audio disclosure for audio ads and video disclosure for video ads,
similar to traditional commercials. The volume and cadence must allow
consumer to understand. Not all computer users have speakers or video
capacity, so don’t put disclosures only in these clips.
Make it clear. Remember, a reasonable consumer — not
a specialist — has to understand the ad.
Use text or visual cues to encourage scrolling to find disclosures and
be specific. For example, “See below for important
details about our product.” Regulators
don’t like anything that discourages scrolling, such as
leaving blank space at the bottom of one page, with the disclosures on
the following page.
Take consumers to a disclosure through a link (see box below) but the
FTC warns that key data about health, safety and cost should be on the
same page as the claim.
Banners don’t always have to contain disclosure. It may be
enough to put the information on the page the ad links to. The FTC
considers the effectiveness of the linked page and how hard it would be
to fit the disclosure into the banner.
Carefully follow the FTC guidelines when designing Internet sales
efforts. If you're unsure about meeting the regulations, get legal
advice or an opinion letter from the FTC.
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