Is Your Ad Legal? Digital Advertising Raises Additional Issues for Marketers
Digital advertisements provide the opportunity to make disclosures through the use of hyperlinks. Although making disclosures through hyperlinks may not be the best practice for all situations, hyperlinks can provide a useful means to access disclosures that are not integral to the triggering claim. If, however, the disclosures are an integral part of the claim or are inseparable from the claim, hyperlinks should not be used. If hyperlinks are appropriate, advertisers should take special care to make sure the hyperlink is labeled clearly and conspicuously and gives consumers a reason to click on it.
This article is intended to be an overview of the issues discussed herein. It is not intended as legal advice and should not be relied upon as such. If you or your business is engaged in, or is considering, a digital advertising campaign, it is recommended that you consult with legal counsel who is familiar with the relevant legal requirements of your industry and, specifically, the advertisement of your products or services.