New FTC Advertising Guidance Reflects Mobile Revolution

WASHINGTONThirteen years ago, before iPhone was as iconic as McDonald's, human beings were not tethered to mobile gadgets that seemingly control our lives.

In recognition of these changes, the FTC has released new guidance for online advertisers, including companies that promote their products through mobile devices, explaining how to make disclosures that avoid deception.

"If a disclosure is needed to prevent an online ad claim from being deceptive or unfair, it must be clear and conspicuous," FTC states in a news release.

In the updated guidance, FTC has emphasized that companies cannot circumvent its rules just because they are using a new advertising medium like a smartphone rather than television. If a disclosure cannot be clear and conspicuous on a mobile device and through a social media website like Twitter or Facebook, FTC warns the advertisement should not run.

"One can log on to the Internet day or night and purchase almost anything one desires, and advances in mobile technology allow advertisers to reach consumers nearly anywhere they go. But cyberspace is not without boundaries, and deception is unlawful no matter what the medium," FTC states in the overview of its guidance.

FTC issued the guidance after holding three public comment periods and hosting a day-long public workshop in May 2012.

Its previous guidance was issued in 2000, seven years before Apple introduced the iPhone. Advertising, and world we live in, haven't been the same since.