FDA And FTC Rules Indigenous To Native Advertising, Attorneys Caution
This article was originally published in The Tan Sheet
Native advertising, advertising designed to blend in with nearby non-advertising content, is becoming more popular with the growth of digital marketing. But device-makers need to be cautious about using the medium in compliance with federal promotional rules.
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FTC publishes enforcement policy statement addressing increases in native advertising and deceptively formatted ads. The statement explains how the commission will apply its current enforcement standards to target deceptive content, including promotions disguised as news stories, in violation of its policies.
“The idea that this company has built these health claims on bogus science is wrong,” says POM Wonderful counsel Edward Lazarus. But commissioners reviewing appeals of FTC’s challenge against POM’s claims for its pomegranate products appeared to believe the company made a number of implied disease claims.
The US FDA released five device-related close-out letters in June. An additional close-out letter, dated February 2017, was published for the first time recently due to an agency oversight.