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The UK's Committee of Advertising Practice (CAP) will begin a public consultation on new rules for marketing junk food to children in early 2016 amid growing concerns over children's diet, it has announced. Get FREE access to authoritative breaking news, videos, podcasts, webinars and white papers. Roundtable discussion: A lighter world: whose fault is globesity and what is being done to combat it? New research has delivered fresh insights into the views of European consumers on their eating behavior. As a general rule, the FTC requires that an advertiser provide additional information when an ad makes a claim, express or implied, that might be misleading without more information.
Advertisers looking for similar guidance on Canadian law should review the Competition Bureau’s “Enforcement Guidelines on the Application of the Competition Act to Representations on the Internet”, which was last updated in 2009.
For disclosure to be effective, it must be clear and conspicuous to the reasonable consumer regardless of the device, media or platform. The FTC states that disclosure is most effective when the claim and the disclosure are on the same screen. When space is at a premium, in banner ads or on Twitter, for example, the advertiser must consider whether to place the disclosure in the ad itself or to hyperlink to the disclosure. When hyperlinks are used, the link should be close to the relevant information and be obvious to the viewer. The FTC particularly discourages disclosure in the form of pop-up ads, because consumers often block pop-ups, or fail to make the association between the advertisement on one screen and potentially relevant information in the pop-up.
Bloggers or Twitter users who are paid to endorse products, or who receive free products for review purposes, need to disclose their relationship with the company.
The FTC publication is clear that if an advertisement requires disclosure to prevent it from being deceptive, but the necessary disclosure cannot be made clearly and conspicuously, the advertisement should not be run. About This Blog This blog houses our commentary on the impact of developing Internet, information technology and intellectual property laws, discusses recent technology news and relates insights derived from our experiences in the technology sector.
About McCarthy Tetrault’s Technology and IP Groups McCarthy Tetrault’s technology and IP team has extensive experience providing advice on complex information technology matters, including sophisticated IT systems procurements and enterprise-wide licensing arrangements. Back on December 22, the Federal Trade Commission unveiled a guide on native advertising to help prevent customers from being deceived by marketing dressed up like editorial content.
Colleen Leddy, head of communications strategy at Droga5, says the agency's intention is always to create content that people actively want rather than trying to dupe an audience to watch or read something. 72andSunny group creative director Mick DiMaria isn't a big fan of regulation, but says the concern is valid. Fellow 72andSunny group creative director Justin Hooper agrees that the label shouldn't matter. Jonah Bloom, co-president and co-chief strategy officer at KBS New York says that the behavior targeted by the new FTC guidelines completely misses the point of native advertising.
Joe Abruzzese has been selling TV advertising for decades, but he’s not about to let old habits get in the way of potential new money.This story first appeared in the May 05, 2015 issue of Variety. This is how advertising on TV was once bought for nearly every marketer from General Motors to General Mills: You figured out how many viewer “eyeballs” you needed to get your ad in front of, you examined ratings projections, and you agreed to have the ads run a certain number of times on a specific network that would guarantee the number of impressions you sought. In 2015, however, advertisers are demanding huge changes to the status quo — and Abruzzese knows he needs to pay attention.
The technology involved in enabling such ad-swapping, viewership tracking and demographic data mining is dizzying — and a red-hot growth sector for media.
Many media companies are also working to offer new kinds of commercials to viewers who watch shows in new ways. With that complexity rising, advertisers are holding their purse strings tighter, releasing ad cash closer to the time it is needed instead of buying it in advance. Trends have not improved, says Rino Scanzoni, chief investment officer of GroupM, the WPP-owned media-buying firm that plays a large role in the annual television-ad haggle.
Beneath the melee, however, the battlefield and the weapons of choice are shifting rapidly.

With as much as $20 billion up for grabs in the coming weeks, TV networks can’t afford to let old habits die hard.
This whole notion that because an individual in my target audience just saw my clients brand means I now have selling power is on shaky ground. You are no longer reaching me because it has been years since I’ve watched a minute of live commercial television. Nobody seems to be analyzing the impact of viewers opting out of the ad-supported ecosystem entirely. Instead of paying for advertising, put that money into creating free samples for prospective customers. The review found that while research into the effects of online advertising on children had been limited, less healthy foods were marketed online through social media or apps.Ahead of specific guidance being issues, CAP encouraged companies to clearly label an advergame (online advert) as such if there was any doubt as to whether its marketing nature was recognisable to children.
To be effective, that additional  information must be presented in a way that is clear and conspicuous. The FTC gives substantial guidance on the placement of disclosure, in particular in regards to the proximity of the disclosure to the claim that requires the disclosure. Although the FTC frowns on the use of hyperlinks, they may be used as long as the disclosure doesn’t address key information, such as price, health and safety. The hyperlink should provide sufficient details about the nature of the disclosure, and once a viewer clicks on the hyperlink they should be taken immediately to the page that contains the disclosure, which should be noticeable and understandable. Where pop-ups are used, they should require the consumer to complete an affirmative action before closing the pop-up window (i.e.
For example, a paid celebrity endorsement on Twitter should start with “Ad:”, followed by the advertiser’s message. The blog also shares best practices generated by our decrypted, user-friendly and accessible technology and IP team. Mark Howard, the chief revenue officer of Forbes Media, told The New York Times that this kind of standardization will stifle innovation. Marketers want the freedom to change the way they deploy their messages, sometimes with just a few days’ notice.
The practice of shoving cups of Coke, Subway sandwiches and Samsung devices into TV shows is giving way to a new “real time” technique of attaching ads to a show that nod to current events or even the plots and elements of the program as it unspools.
Everybody, it seems, wants to crack the code of tracking viewership of shows (and the ads that fund them) across disparate platforms.
21st Century Fox recently bought TrueX, a company that makes a new sort of commercial for the new ways people view TV shows — at a time of their own choosing and with the ability to interact. As CBS’ Ross points out, the splintering of the audience leaves marketers trying to put together one kind of deal here, and another kind of deal there. And this year’s upfront will continue to ring with the cries of ad buyers attempting to limit price increases, and TV ad-sales chiefs vowing that TV is worth more than other forms of media.
Entering the mix soon will be VR Film delivered streaming with enhanced DRM control and virtual advertiser handshakes via Proximity viewing ability. Allowing a viewer to examine a product that they showed an interest in via eye movement data analysis, then offering that data to the advertiser as well as friends and family will open markets formally unreachable with media buys today. TV Advertiser Guy and Sponsors: Because the networks you choose to advertise on have rapaciously eaten away at program lengths to make room for even more commercials, a growing number of viewers like myself no longer watch any commercial television. I suspect that group is disproportionately wealthier than the average, so how will advertisers reach them otherwise? Therefore, 70 percent of your advertising dollars should be spent on re-selling to your existing customers, and only 30 percent on getting new customers. Research shows advertisements that look like articles are 500 percent more likely to be read than those that obviously look like ads.
Disclosure may not be effective if it follows in a subsequent tweet, as unrelated messages may be posted in the interim, and separate the claim from the disclosure. Thanks to rich new veins of consumer data — information gleaned from big-box retailer loyalty cards, or viewership-pattern data lifted from TV set-top boxes — marketers have a better understanding of their real customer.
TV has for decades used its annual spring upfront — when TV networks try to sell the bulk of their ad inventory for the coming programming season — to secure billions of dollars in advance commitments.

As more consumers use DVR playback and video-on-demand to watch programs, the networks are burnishing “dynamic ad insertion” that will let advertisers “swap’” a new ad for an old one, so viewers get news about next weekend’s holiday sale instead of last month’s discount hamburger offer. Rather than running an ad and hoping a viewer watches it, the company asks viewers if they might consent to watch something in exchange for their time.
TV (or “video,” as many ad buyers now prefer to call it) viewing has splintered beyond repair.
We either watch our shows online or record them with our DVRs so we can effortlessly fast forward through ad loads that now exceed 20 minutes per hour on some cable networks.
Get those network ad loads back to a reasonable level and I’ll stop bothering with the fast forward button. Maybe shift ad budgets away from media entirely and put more behind event sponsorship and outdoor advertising. Another big audience, skewing young (and therefore desirable to advertisers) will leave traditional TV for social media and YouTube – posing different challenges for advertising. For example, sell a service and give some physical products for free or sell a package of complementary products.
Your words should be persuasive and emotionally-compelling, with an attention-grabbing, benefit-driven headline. The new FTC guidance, released on March 12, 2013, is an update to the FTC’s 2000 publication, “Dot Com Disclosures”. It’s not the guy watching “Deadliest Catch” who might be interested in a car sometime in the next three years who is most appealing, but rather the pregnant 26-year-old woman looking to buy an SUV for family travel. The upfront sales process was created to help capture new advertising from automakers, which would roll out new models in September. With more people using digital streaming to keep up with their favorite TV dramas and comedies, Madison Avenue is placing more pressure on the nation’s biggest media companies to provide similar opportunities for even big pieces of mass entertainment.
And all of TV’s major players are rushing to offer particular sets of data showing how, when and where the most likely purchasers of everything from Greek yogurt to fast food might tune in, or how well consumers recalled and remembered the commercials they saw. For every single favorite program — think NBC’s “The Blacklist” — there are umpteen ways to view it. Most deals are built on a measure known as “C3,” or a rating that looks at the audience for commercial breaks up to three days after a program airs. Until then, whether you target ads at me or not, it makes no difference if I breeze past them. This is why it is important to find the result your product or service will produce for your customer. We also protect our clients’ interests in all facets of intellectual property management, providing everything from pragmatic strategies and due diligence reviews to pre-litigation counselling and litigation of infringements. Maybe that means taking money that was earmarked for Animal Planet and moving it over to sister outlet TLC or Discovery Life.
The formula dates from the era when Detroit was king when it came to car sales and ABC, CBS and NBC were essentially the only game in town for national TV advertisers. The idea that one-size-fits-all advertising doesn’t work for every kind of marketer is relatively new in the TV business. One set of fans might watch the antics of James Spader’s “Red” Reddington on demand a week after an episode’s air date via an iPad, while another might play it back on a DVR two hours after it runs.
Approximately 30% to 40% are being done on another measure called “C7,” says Scanzoni, that examines commercial viewership up to a week after content debuts in linear fashion.
The upfront enshrined the tradition of advertisers paying a premium to ensure that their ads would be wrapped around big hits like “Happy Days,” “Cheers,” “Dallas” or “American Idol.” Big sales ensue. Marketers are realizing that each sliver of audience has its own behaviors and demographics.

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