ABSTRACT

This chapter considers the ways in which advertisements and endorsements posted via social media sites have begun to become regulated in the UK. In order to understand the key differences, it is necessary to consider some decisions of the UK regulator that help to highlight the more rigorous approach which is to be adopted by the Federal Trade Commission. In December 2010, the Office of Fair Trading (OFT) released a publication stating its view that online advertising and marketing practices that do not disclose they include paid-for promotions are deceptive under fair trading laws. The Consumer Protection from Unfair Trading Regulations 2008, Statutory Instrument came into force on May 2008, and implemented the Unfair Commercial Practices Directive (UCPD) into UK law. The Committee of Advertising Practice Code (CAP) Code is enforced and administered by an independent body called the Advertising Standards Authority (ASA). The Code has its importance must not be overlooked.