FTC Considering Web Ad Disclosure Issues

Lots of television and newspaper ads carry required disclosure information
in fine print and now, the FTC is
considering the issue for ads on the Web.

Because the consumer protection guides written years ago did not include
specific rules regarding communications on the Internet, the Federal Trade Commission is asking for comments
from marketers to determine exactly where on Web pages it should require
disclosure language, according to an Advertising Age report.

“The issue here is what is ‘clear and conspicuous.’ Is it a banner? Is it a
pop-up? Does an offer need a frame around it?” said Elaine Kolish, the FTC’s
associate director of enforcement.

The FTC inquiry reportedly marks is the first time the commission is
systematically looking at how the mandatory commercial disclosures required in
other media should translate into Web pages and commercial e-mails.

A notice on the FTC Web site reads in part: “The unique features of electronic
media present special challenges and opportunities for making disclosures
effectively. The proposed policy statement, therefore, would provide guidance
on how the
commission would evaluate whether disclosures in the electronic media are
clear and conspicuous.”

The FTC also is asking whether or not marketers sending commercial e-mails
should be covered by the same rules direct-mail marketers follow. Deadline for
comments on the issue is June 6.