The FTC even provides a guideline to ensure “native advertising is not deceptive”:
- From the FTC’s perspective, the watchword is transparency. An advertisement or promotional message shouldn’t suggest or imply to consumers that it’s anything other than an ad.
- Some native ads may be so clearly commercial in nature that they are unlikely to mislead consumers even without a specific disclosure. In other instances, a disclosure may be necessary to ensure that consumers understand that the content is advertising.
- If a disclosure is necessary to prevent deception, the disclosure must be clear and prominent.