Key takeaways

• The FTC’s settlement with Lord & Taylor last week sheds light on one of the Commission’s newest priority areas: native advertising.
• Native advertising should generally be accompanied by clear and prominent disclosures identifying the content as advertising.
• Paid endorsements, including posts made by bloggers and other online “influencers” after receiving samples or other compensation, instruction, etc. from a company, should also be accompanied by disclosures, and advertisers must take steps to ensure that the disclosures occur.