03 October 2022
Seyfarth Shaw LLP
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On August 23, 2022, the Federal Trade Commission announced it
will continue to seek additional public comment on how children are
increasingly being affected by digital advertising and marketing
messages “that may blur the line between ads and
entertainment.” Marketers increasingly reach children via
digital media, including by embedding advertising in video sharing
platforms, social media platforms through influencer and celebrity
posts, games, virtual worlds, and other digital environments.
For years, marketers and publishers have used innovative methods
to create and deliver digital advertising. One form is commonly
referred to as “native advertising,” a term that denotes
advertising content that bears a similarity to the news, feature
articles, product reviews, entertainment, and other material that
immediately surrounds the advertisement in the digital space. The
question then becomes: are consumers able to differentiate
advertising from other content? And that question is even more
acute when it comes to children.
The comment period is being extended in conjunction with the
virtual event “Protecting Kids from Stealth Advertising in
Digital Media” to be held October 19, 2022, where the FTC will
examine and discuss amongst experts in the field the different
techniques being used to advertise to children online. Numerous
studies have confirmed that children and teens are using screens
and social media at an increasing rate, with a recent survey
finding that overall screen use among teens and tweens increased
nearly 20 percent from pre-pandemic to present, a rate higher than
the previous four years combined. As the forms and means by which
digital advertising proliferates our everyday lives, the
implications on the reach and effect of such advertising on
children is rightfully receiving the attention it warrants.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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