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# FTC Policy Against Deceptively Formatted Ads
- URL: https://www.fdaweb.com/ftc-policy-against-deceptively-formatted-ads/
- Published: 2016-01-04T12:00:00.000Z
- Updated: 2026-09-15T02:23:58.000Z
- Author: David McFarland
- Tags: Drugs, Devices, #legacy-id-D5134296

> The Federal Trade Commission (FTC) has issued an enforcement policy [statement](https://www.ftc.gov/system/files/documents/public%5Fstatements/896923/151222deceptiveenforcement.pdf?ref=fdaweb.com) about advertising and promotional messages integrated into and presented as non-commercial content, often referred to as “native advertising”. The statement summarizes the principles underlying the commission’s enforcement actions, advisory opinions, and other guidance over many decades addressing various forms of deceptively formatted advertising.  
>  
> “The commission has long held the view that advertising and promotional messages that are not identifiable as advertising to consumers are deceptive if they mislead consumers into believing they are independent, impartial, or not from the sponsoring advertiser itself,” the statement says. “Knowing the source of an advertisement or promotional message typically affects the weight or credibility consumers give it. Such knowledge also may influence whether and to what extent consumers choose to interact with content containing a promotional message.”  
>  
> The commission also issued a [guide](https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses?ref=fdaweb.com) to native advertising for businesses. Native advertising is defined in the guide as “content that bears a similarity to the news, feature articles, product reviews, entertainment, and other material that surrounds it online.” As native advertising evolves, it asks, are consumers able to differentiate advertising from other content?  
>  
> The guide summarizes the consumer protection principles that are the foundation for the enforcement policy statement, give examples explaining how effective disclosure can help prevent deception, and offers staff guidance on how to make clear and conspicuous disclosures within the format of native advertising.  
>  
> Three points that FTC says summarize the law as explained in the enforcement policy statement are:  
> the watchword is transparency and ads or promotional messages shouldn’t suggest or imply to consumers that they are anything other than an ad; while some native ads may be so clearly commercial in nature that they are unlikely to mislead consumers even without a specific disclosure, in other instances a disclosure may be necessary to ensure that consumers understand that the content is advertising; and if a disclosure is necessary to prevent deception, it must be clear and prominent.