What are Native Advertising Guidelines?

Native advertising refers to paid advertising that matches the look, feel, and function of the media format in which they appear. In other words, this form of advertising seamlessly integrates promotional content within a platform, making it appear like it belongs and blends in with the platform's style, format, and overall user experience. Native advertising guidelines are intended to provide clear standards for creating native ads to ensure transparency and integrity in the digital marketplace. 

Key Takeaways

• Native advertising refers to paid advertising that matches the look, feel, and function of the media format in which they appear. 
• In the United States, native advertising guidelines are primarily set forth by the Federal Trade Commission (FTC).
• The FTC's guidelines aim to ensure transparency and prevent misleading consumers through native advertising.

Federal Trade Commission (FTC) Native Advertising Guidelines

The Federal Trade Commission (FTC) has established guidelines for native advertising that aim to protect consumers by promoting transparency and disclosure. Here are a couple of the most important points from these guidelines, as well as several practical tips to incorporate into your native advertising practices:

• Clear Disclosure: Native ads should be clearly and conspicuously disclosed as advertising content. The disclosure should be placed near the ad's headline and in a way that users can easily notice and understand, even without having to click on the ad.The disclosure should use straightforward terms like “Ad,” “Advertisement,” or “Paid Advertisement” that unambiguously identify the content as an ad. 
• Deception: Native ads should not mislead consumers in any way. Also, the content should not create a false impression about the nature of the product or service being advertised. Avoid sensationalized or clickbait headlines and clearly distinguish opinion from fact. If testimonials are from paid actors or influencers, this should be clearly disclosed.
• Disclosures in Audio: Any native advertising content in podcasts, radio or streaming audio should have clear verbal disclosures. These disclosures should be periodic, not just mentioned once. The disclosures should use clear language like “The following is a paid advertisement for…” Avoid vague terms like “sponsored”
• Applying to All Devices: The same standards of disclosure should be maintained across all devices and platforms, whether it's on desktop, mobile, or any other technology. Mobile screens are smaller, so disclosures need to be even more prominent to be noticeable. Use larger font sizes and contrasting colors, and Avoid long disclaimer text on mobile that requires heavy scrolling or clicking “read more.”

Bottom Line

As native advertising continues to gain popularity, it's crucial for brands, publishers, and platforms to maintain high standards of transparency and ethical practices. By following FTC disclosure principles and industry best practices, native ads can blend seamlessly into quality content while giving audiences the context they need. If you have questions about native ad disclosures or need legal guidance, connect with one of our top tier Communications and Internet lawyers today.