From weight loss and muscle building products, to skin creams and anti-aging products, the FTC Act?s prohibition on ?unfair or deceptive acts or practices? encompasses online advertising, marketing and sales. Commission rules and guides are not limited to any particular medium used to disseminate claims or advertising, and therefore, apply to the wide spectrum of online activities.
The FTC has also made it abundantly clear that no industry is safe from an investigation or enforcement action.
REQUIRED DISCLOSURES MUST BE CLEAR AND CONSPICUOUS.
In evaluating whether a disclosure is likely to be clear and conspicuous, the key is the overall net impression of the ad. If a disclosure is not seen or comprehended, it will not change the net impression consumers take from the ad and therefore cannot qualify the claim to avoid a misleading impression. In reviewing their ads, advertisers should adopt the perspective of an ordinary, reasonable consumer. Assume that consumers do not read an entire website or online screen, just as they do not read every word on a printed page.
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