Native Advertising Legal Analysis and Practice Tips

Advertising that feels and looks like editorial platform content has existed for decades. In the age of social media, however, “native advertising,” as it is now often called, has become more confusing. Brands have become more sophisticated at disguising their advertising messages within the editorial content, making it more difficult to differentiate commercial speech. The transition from editorial to sponsored content may be so seamless that consumers may not realize that they are perusing advertising. On the heels of John Oliver’s diatribe against this practice, the Federal Trade Commission (FTC) remains consistently concerned about native advertising’s potential to deceive consumers.