Bloggers and The Law: New FTC Rule to Focus on Banner Ads


Fashion & entertainment online retailers and bloggers, it is time to stay up to date on the latest happenings with the FTC as it continues to find its footing to better regulate online activity. Below is the latest scoop:

“The current guidelines have made it clear that, regardless of technology, online advertisements must disclose material information, but MediaPost reports that the rules focus primarily on banner ads and websites.

Late last week, the Federal Trade Commission announced its plans to conduct a major overhaul of its May 2000 online advertising rules, known as the “Dot Com Disclosures.”

In the early stages of development, the Commission has put out a request for public comments, seeking information on how it can adapt its online advertising rules to better comport with the technological and legal advances of the last 11 years.

With the explosion of mobile marketing, smart phone apps, and social media, it’s been difficult for businesses to determine just when and how they must disclose information.

The agency has attempted to keep up with some trends, promulgating online advertising rules requiring bloggers to disclose sponsorship and product placement. It also recently addressed paid endorsements on Twitter, advising advertisers to add a special hashtag, like “#ad,” according to MediaPost.

However, its efforts in the area of online advertising have remained minimal, and have mostly been comprised of reminders that marketers should avoid deceptive practices by erring on the side of disclosure. . .”

I encourage you all to make sure your voices are heard through the rule making process.

Findlaw has the full story.


Fashionentlaw™ is the brainchild of Uduak Oduok (Ms. Uduak), an ex-fashion model and industry veteran turned Fashion and Entertainment lawyer. The law blog discusses hot topics in pop culture arising primarily out of the fashion industry.

As a legal practitioner, Ms. Uduak has seventeen years of experience counseling individuals and businesses within and outside the creative community. She has counseled designers, apparel manufacturers, models, photographers, retailers, graphic designers, musicians, public relations specialists, and athletes, among others, on diverse legal issues including business formation, licensing, trademark and copyright matters, contracts, intellectual property and contract disputes.

To arrange a consultation to discuss your case, contact her today at 916-361-6506 or email (

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