MARKETING QUESTIONNAIRE: Are Your Web Marketing Disclosures Adequate?
The Internet has become a favorite place to market products for a variety of reasons including the wide audience available, the nearly unlimited availability of space to advertise the product, and the low cost. However, this medium has created its own unique issues in how an advertiser can comply with advertising regulations. Below is a list of questions an advertiser should consider in developing Internet ads which will comply with the law. Where are your disclosures? Disclosures should be near the triggering claim, and preferably on the same screen. If the whole disclosure cannot be seen when first viewing the ad, text or visual cues should lead the reader to scroll down to read it in its entirety.
How obvious are hyperlinked disclosures? If a disclosure cannot be placed near the claim it relates to, it must be hyperlinked near the claim. The link should be obvious and labeled so that it appropriately conveys the importance, nature, and relevance of the information. The hyperlink style should be consistent with other hyperlinks on the page, and should take the reader directly to the disclosure page. Your company may also want to monitor the hyperlink's effectiveness by monitoring how often a reader views it.
Are your disclosures available to all readers, even those with older browsers? Some older browsers may not handle frames or popups effectively, if at all. Flash and other graphic technologies require plug-ins. An advertiser should always be conscious of technological limitations when deciding how to design a disclosure. The disclosure must be viewable by all Internet consumers. Yes ____ No ____ Does the rest of the ad distract attention from the disclosure? Size, color, graphic treatment, and hyperlinks throughout the rest of the ad should not effectively "bury" the disclosure or the link to it. If the web page is very long, the disclosure may need to be repeated more than once. The method of presenting the disclosure should also match the method of the rest of the presentation; for example, if the presentation is made in audio, the disclosure should also be made in audio, and in equal volume, speed, and style so that consumers can understand it.
Yes ____ No ____ Are disclosures understandable? Disclosures must be in clear language. Especially where the product being sold is technologically advanced or a niche product, it may be tempting to use industry jargon. That temptation should be avoided. Yes ____ No ____ Are disclosures made before consumers purchase a product on-line? If many pages intervene between the marketing area and the order page, it may be necessary to repeat the disclosure when the customer places the order. Yes ____ No ____