Advertising Disclaimers
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Advertising Disclaimers

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Advertising disclaimers are required in some instances by the Federal Trade Commission (FTC). There are 4 common types of advertising disclaimers that you should know about. Learn about when these disclaimers are required, what they consist of and how to display them correctly on your website. Learn more at our related blog post: https://termsfeed.com/blog/advertising-disclaimers/

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Published 25 June 2018
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Language English

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Advertising Disclaimers
In 2017, businesses spent more on digital and online advertising than on television ads for the first time ever.
Digital and online advertising doesn’t only include ads from corporate giants.
It also includes:
Celebrities, trendsetters and influencers advertising with social media accounts
Remarketing and retargeting ads from small businesses
YouTube marketing videos from individuals
Blogs that promote products or services
Because digital/online advertising is such a huge market and growing, it’s regulated by the Federal Trade Commission (FTC) in the US.
Truth in Advertising standards put forth by the FTC require that:
Ads must be truthful and not deceptive
Advertisers must have evidence to back up claims made in ads
Ads cannot be unfair or promote harmful products
What makes anad deceptive?
According to theFTC, an ad will be considered deceptive it if:
Contains or omits information that willlikely mislead consumerswhen making a decision about the advertised product/service, or
Contains or omits information that wouldbe important to consumerswhen making a decision about the advertised product/service
When deciding if an ad is deceptive, the FTC considers thead from the perceptionof an ordinary, reasonable consumer.
Thecontext, graphics, phrasesand both express and implied claims made in the ad are considered.
If the FTC determines your ad is deceptive, you’ll be required to immediately stop running the ad and may be faced with fines and penalties.
Corrective advertising and disclosures may also be required.
Here’s an example of anad that could potentially have been misleadingif it weren’t for the advertising disclaimer.
There are4commonadvertising disclaimers:
Affiliate and Testimonial
Legal Advice
Medical/Pharmaceutical Advice
Professional Services Blog
1. Affiliate and Testimonial
One of the most common forms of deceptive advertising is when someone gets some sort of compensation for promoting a product but doesn’t disclose the compensation.
According to the FTC, thiscompensation must be disclosedand it must be clear that the promotion is an advertisement.
Consider this:
If you’re reading a blog post where someone promotes an amazing new product and recommends you buy it, would it matter to you to know that the promoter received $5,000 to promote the product and a portion of all sales?
It may change the way you view the blog post - or, advertisement.
Without disclosing this, the post would essentially be a deceptive advertisement.
You can post an Affiliate Disclaimer if you use affiliate links to make a profit from advertising products.