Key takeaways

• A recent workshop hosted by the Federal Trade Commission highlights the Commission’s growing interest in finding new ways to ensure that advertising disclosures are effective, i.e., clear, conspicuous and timely.
• Pre-advertising testing would be a departure from current practices and may impose an undue burden on advertisers, although the workshop signals that such a requirement may gain traction in the future.
• These techniques, however, may be effective for use during a post-advertising challenge to support injunctive relief or other remedies.