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


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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.

Uduak Oduok (Ms. Uduak) is a Partner and Co-Founder of Ebitu Law Group, P.C. where she handles her firm’s fashion and entertainment law practice areas. Ms. Uduak has litigated a wide variety of cases in California courts. She has also handled a variety of entertainment deals for clients including network television and licensing deals. Her work and contributions to the creative industry has been recognized by numerous organizations including the National Bar Association, and featured in prestigious legal publications in the USA: ABA Journal and The California Lawyer Magazine. She is also the author of Fashionentlaw™ and also has over two decades combined hands on industry experience in the creative industry which includes modeling, retail, fashion production, public relations, digital media, journalism and publishing. For further inquiries or if you are seeking legal representation, please email ( You may also follow her on twitter at @uduaklaw


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