Ad disclosures

We all know that advertising can’t be deceptive or misleading — but what does that really mean? This is the first of a series of articles by media lawyer Debra Witter to help make sure your ads and website are always on the right side of the law. Today we’ll talk about disclosure (you know, the “fine print”).

  • You can “clarify” a claim with a disclosure, but you can’t contradict it.
  • If you need to disclose something to make your ad or website not misleading, the disclosure needs to be easy to see and in reasonable proximity to the claim.
  • These same rules apply to social media advertising — even though the available real estate is far more limited.