Native Advertising: Ensuring Compliance When Developing and Distributing Original, Editorial and User-Generated Content

More and more companies are using native advertising—content that has been paid for and/or developed by an advertiser that is not readily identifiable as advertising or appears to be editorial in nature. The FTC has recently updated its guidance and made prevention of deceptive native ads a priority.

In Dec. 2015, the FTC issued its long-awaited guidance on native advertising, which explains how the FTC applies its consumer protection standards and clarifies what businesses need to do in their native ads to comply with regulatory requirements. In March 2016, the FTC brought and settled its first native advertising case against retailer Lord & Taylor.

Counsel for companies and brand owners should examine the Lord & Taylor settlement, which provides crucial information about the steps companies should take to avoid similar FTC scrutiny of their native ad campaigns. From disclosures to training, companies must understand the requirements when enlisting influencers, bloggers, and others in marketing efforts to ensure compliance.

Listen as our authoritative panel examines native advertising, discussing recent regulatory activity and the Lord & Taylor settlement. The panel will offer guidance to companies/brand owners on what they can do to avoid compliance pitfalls of native advertising and FTC scrutiny.

1. Native advertising—recent developments
   1. FTC guidance
   2. Lord & Taylor case
2. Lessons learned from the recent FTC settlement with Lord & Taylor
3. Guidance for brand owners on avoiding compliance pitfalls when using native advertising

The panel will review these and other key issues:

• What lessons can be learned from recent enforcement actions to ensure compliance with native advertising requirements?
• When should businesses disclose that content is native advertising?
• How should businesses make effective and clear disclosures in native advertising?