Category Archives: Native

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FCC Revives Its Own Native Advertising Rule: Sponsorship Identification

The FCC’s Sponsorship Identification Rule is a close, perhaps neglected cousin of the FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements, i.e., its Native Advertising Guide. Nevertheless, the FCC’s latest enforcement action demonstrates how failure to follow the rule can result in penalties far larger than any imposed to date by the FTC. It also … Continue Reading

Native Advertising and Influencer Marketing Workshop

Join Venable on October 27 for a half-day workshop in the firm’s Los Angeles office designed to make sense of recent enforcement actions involving social, influencer, and native campaigns. Venable’s Amy Ralph Mudge, Randy Shaheen, Melissa Steinman, and Po Yi will share best practices that in-house counsel and compliance personnel at brands, agencies, and publishers … Continue Reading

Three Strikes and You’re Out!: The FTC’s Native Advertising Case Against Lord & Taylor

Baseball season is just around the corner, and the FTC’s native advertising case against retailer Lord & Taylor illustrates the baseball rule of “Three strikes and you’re out!”  In its first native advertising case since releasing its Enforcement Policy Statement Addressing Native Advertising and Deceptively Formatted Advertising, the FTC reminds advertisers that those guidelines will … Continue Reading

The FTC Awakens: Native Advertising Enforcement Statement Out Just in Time for the Holidays

It’s been a big week for premieres. And if you thought you sensed a disturbance in the Force then the Force is indeed strong with you as the FTC just released their Enforcement Policy Statement on Deceptively Formatted Advertisements and Business Guidance on Native Advertising. A long time ago, in a conference room far, far … Continue Reading

A Conversation about Native Advertising, Editorial Integrity, and Brand Reputation

If there is one takeaway from yesterday’s panel on native advertising, it’s that sponsored content is not going anywhere in the foreseeable future.  Although NAD has talked about it before, the FTC has held a workshop to address it, and of course, we’ve blogged on it, native advertising is still a hot topic.  Native advertising, … Continue Reading

FTC Battles Trolls

Yes, we’re a tease.  The Bureau Director and Commissioners do not have cameos in next month’s final installment of the Hobbit (and no, this is not strategically placed native advertising #notanad).  The Commission has taken a starring role in battling trolls of a much more human sort. The agency last week announced a settlement with … Continue Reading

Do You See Better, Worse or the Same with this Regulation or with that One?

On December 4 before a packed house, the FTC held its much-anticipated workshop on native advertising, Blurred Lines: Advertising or Content?, which examined the practice of blending of advertisements with news, entertainment, and other editorial content in digital media.  And like Robin Thicke’s summer hit itself, the FTC’s workshop raised a lot of questions (and … Continue Reading

NAD Again Finds Colorable Concerns Regarding Disclosure Obligations in Social Media

As we have written before, NAD is using its monitoring of advertising function to bring cases examining native advertising.  And on the eve of the FTC’s upcoming workshop on native advertising the NAD has made its views in this area known again in another monitoring case. While much of what NAD does is involves competitive, … Continue Reading

Advertisers Going Native May Be Restless for FTC Input but NAD Gives Some Guidance

There is much anticipation for the FTC’s December 4 workshop on native advertising.  We learned that while the FTC was considering delaying this workshop several weeks due to the recent shutdown, they are planning to go forward as scheduled.  Advertisers looking to move beyond a mundane brand webpage, Facebook page, and the banner ad and … Continue Reading

FTC Goes Native and Our New Blog Design Goes Live (And Responsive)

Our colleagues have noticed something different.  Have you lost weight, they’ve asked.  Have you had some work done?  Are you coloring your hair?  Actually, we’ve redesigned our blog site.  Along with giving it a new look we’ve added a feature called responsive design that we think is pretty cool.  So now if you want to … Continue Reading