Alan Pate on Native Advertising

FTC Issues Native Ad Guidance

We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC...more

12/31/2015 / Disclosure , Federal Trade Commission (FTC) , FTC Act , Native Advertising , Section 5 , Unfair or Deceptive Trade Practices

Industry Regulatory Organization to Outbrain and Gravity: Interest-Based Native Advertising Must Comply With Self-Regulatory...

In two decisions issued last week, major native advertising players Gravity and Outbrain were found to have failed to comply with the online advertising industry’s self-regulatory principles for interest-based ads. The...more

11/10/2015 / Federal Trade Commission (FTC) , Native Advertising , Notice Requirements , Online Interest-Based Advertising Accountability Program , Transparency

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

10/3/2014 / Advertising , Commercial Speech , Content Marketing , Federal Trade Commission (FTC) , First Amendment , Native Advertising

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

10/3/2014 / Advertising , Commercial Speech , Federal Trade Commission (FTC) , First Amendment , Native Advertising , Online Advertisements , Social Networks

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

10/2/2014 / Commercial Speech , Federal Trade Commission (FTC) , First Amendment , Native Advertising

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

10/2/2014 / Advertising , Commercial Speech , Federal Trade Commission (FTC) , First Amendment , Native Advertising , Online Advertisements , Social Networks

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

10/2/2014 / Advertising , Big Data , Facebook , Mobile Ad Networks , Mobile Apps , Native Advertising , Snapchat , Social Networks , Twitter

Alan Pate

BakerHostetler

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