In the third episode of Ad Watchers, hosts La Toya Sutton and Hal Hodes discuss the importance of disclosures, and why it is an important topic for every advertising lawyer to know about.
To set the foundation for the conversation, Hal defines a disclosure, in the context of advertising, as “any information you’re conveying to consumers that seeks to clarify or limit the message conveyed by your advertising claim.” They shared how at the National Advertising Division, they use two phrases to describe what the standard for a sufficient disclosure is, “clear and conspicuous” and “easy to notice, read and understand.”
The Federal Trade Commission (FTC) applies a similar standard. In 2014, the FTC sent warning letters about the adequacy of disclosures used in advertising to more than 60 companies as part of their program “Operation Full Disclosure.” Around this time, they also published a blog post that uses the mnemonic the Four P’s to serve as a guide to help advertisers check the sufficiency of their disclosures.
Continue reading Episode Show Notes: What’s the Recipe for a Proper Advertising Disclosure?
