BOSTON, MA, WASHINGTON DC—Today, the Federal Trade Commission released a new staff paper, “Protecting Kids from Stealth Advertising in Digital Media.” The paper’s first recommendation states:
“Do not blur advertising. There should be a clear separation between kids’ entertainment/educational content and advertising, using formatting techniques and visual and verbal cues to signal to kids that they are about to see an ad.”
This represents a major shift for the Commission. Prior guidance only encouraged marketers to disclose influencer and other stealth marketing to children. For years – including in filings last year and at last year’s FTC Workshop—Fairplay and the Center for Digital Democracy had argued that disclosures are inadequate for children and that stealth marketing to young people should be declared an unfair practice.