FTC seeks public input on updates to 2013 guide on making effective disclosures in digital advertising

The FTC has announced that it is seeking public input on ways to modernize its 2013 guide titled “.com Disclosures:  How to Make Effective Disclosures in Digital Advertising,” which provides guidance to businesses on digital advertising and marketing. In an attempt to modernize the guidance, the FTC is seeking comments on the following issues:

• the use of sponsored and promoted advertising on social media;
• advertising embedded in games and virtual reality and microtargeted advertisements;
• the ubiquitous use of dark patterns, manipulative user interface designs used on websites and mobile apps, and in digital advertising that pose unique risks to consumers;
• whether the current guidance adequately addresses advertising on mobile devices;
• whether additional guidance is needed to reflect the multi-party selling arrangements involved in online commerce and affiliate marketing arrangements;
• how the guidance on the use of hyperlinks can be strengthened to better protect consumers; and
• the adequacy of online disclosures when consumers must navigate multiple webpages;

The FTC is accepting comments through August 2, 2022.