Partner Gonzalo E. Mon contributed to the Practical Law article "Inadequate Advertising Disclosures" in the November 2014 GC Agenda. The article outlines disclosure advice for companies based on recent Federal Trade Commission actions. Operation Full Disclosure, an FTC initiative to ensure compliance with federal advertising laws, has led to a review of over 1,000 national ads. The FTC targeted ads in which necessary disclosures were hard to read, in fine print, or otherwise easy to miss. Recommendations for compliance include ensuring that disclosures are: close to related claims and not buried in unrelated text, in an easy-to-read font that is as large as the font used to make the claim, and on screen long enough for consumers to notice, read and understand them, if the ad is on television. The article warns that the operation could result in future enforcement actions against companies with misleading ads, whether or not they received a warning letter.
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