Native Advertising

News & Analysis as of

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

Accountability Program Releases Compliance Warning on Enhanced Noticed for Online Native Advertising

The Online Interest-Based Advertising Accountability Program is serious about compliance with the transparency and consumer control provisions of the Digital Advertising Association's Self-Regulatory Principles for Online...more

Status Updates - November 2014 #3

..Lyfted documents? Uber and Lyft, two ride-sharing companies that are both expanding rapidly and trying to take business away from traditional taxis in cities across the nation, have never been on the best of terms. Their...more

Guidelines for Sponsored Content and Native Advertising

“Native advertising” has become popular with advertisers and publishers, but it has raised concerns by the Federal Trade Commission and NAD, the advertising self-regulatory organization, and spawned lawsuits by content owners...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

—PART V— Not all Native Advertising May Be Commercial Speech under the First Amendment - If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

—PART IV— Commercial and Noncommercial Inextricably Intertwined Speech - The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part III

The Evolution of Commercial Speech’s First Amendment Protection - One of the fundamental purposes of the First Amendment is to promote the free flow of information in the “marketplace of ideas.” To that end, the First...more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part I

Understanding the Once And Future Native Advertising - What is “Native Advertising”? The definition of “native advertising”, or simply “native”, is admittedly an elusive one. There are many definitions put forth...more

Going Native

Native advertisements represent not only an increasingly popular and effective means of promotion for marketers, it also represents a massive headache for the Federal Trade Commission (“FTC”). Native advertising, also known...more

Native Advertising Takes Center Stage: New NAD Decision Recommends Disclosure of Branded Content as Advertising

Many advertising industry predictions for 2014 have trumpeted the rise of "native advertising" and "content marketing" in digital media, where advertising or sponsored content is integrated with or designed to resemble...more

Advertising Law - Jan 29, 2014

Shape Magazine Should “Clearly and Conspicuously” Disclose Branded Content, Says NAD - Keeping a close eye on native advertising, the National Advertising Division recently reviewed an article in Shape magazine that...more

Whitepaper roundup: Privacy, copyright, and digital advertising

Readers seem to have liked our post about the recent GAO report that summarized the U.S. data privacy debate. For those interested in Internet law and policy issues, there are plenty of other official reports that you can use...more

Advertising Law -- Dec 16, 2013

SPECIAL FOCUS: FTC Workshop on Native Advertising – The “Blurred Lines” Remain Fuzzy - The increased prevalence of online native advertising – commercial content designed with the look and feel of editorial comment –...more

“Native Advertising” Practices Scrutinized in FTC Workshop

The FTC took on the hot topic of “native advertising” in a public workshop Wednesday in Washington, D.C. Called “Blurred Lines,” the all-day event featured panel discussions with regulators, academics, consumer advocates and...more

Report From FTC Briefing – Blurred Lines: Advertising or Content?

The FTC held a workshop on Wednesday to examine the blurring lines of advertisements and content in digital media today. Executives from a myriad of professions gathered to discuss how sponsored content in digital...more

Advertising Law -- Nov 18, 2013

C May Now Be For Celery or Carrots - Thanks to a deal brokered by First Lady Michelle Obama and her Partnership for a Healthier America, Sesame Street characters will soon appear in the produce department. In a...more

The Clock is Ticking for Implementation of “Enhanced Notice”: The 6 Questions Online Service Providers Should be Asking about...

Walking around a department store isn’t the only time you’re being tracked while you shop. If you’ve ever visited a web page and seen an advertisement for the exact same pair of shoes you were looking at on a different web...more

What’s the future of free speech protections for advertisements?

Faced with sharply declining ad revenue, both the Associated Press and The New York Times recently announced plans to incorporate native advertising into their editorial content streams....more

Advertising Law -- Nov 06, 2013

FTC Settles Over “Made in the U.S.A.” Claims - Back in business after the government shutdown, the Federal Trade Commission recently announced a settlement involving products falsely advertised as “Made in the U.S.A.”...more

Advertising Law -- Nov 01, 2013

When Dental Hygiene Meets False Advertising Suits - Dental hygiene related class action settlements made news recently, when a federal judge in New Jersey granted final approval in one case and a second settlement...more

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