{
  "schema_version": "1.1",
  "id": "ftc-clear-and-conspicuous-means-difficult-to-miss",
  "slug": "ftc-clear-and-conspicuous-means-difficult-to-miss",
  "url": "https://groundedkit.com/claims/ftc-clear-and-conspicuous-means-difficult-to-miss/",
  "api_url": "https://groundedkit.com/api/claims/ftc-clear-and-conspicuous-means-difficult-to-miss.json",
  "claim": "Under the FTC Endorsement Guides, 'clear and conspicuous' means a disclosure is difficult to miss and easily understandable",
  "commonly_cited_as": "\"What does clear and conspicuous disclosure mean for influencers?\"",
  "verdict": "verified",
  "verdict_definition": "Primary source found; it says the same thing, the scope matches, and it is reasonably current.",
  "confidence": "high",
  "rating": {
    "value": 5,
    "best": 5,
    "worst": 1
  },
  "origin": {
    "publisher": "Federal Trade Commission (16 CFR Part 255)",
    "title": "Guides Concerning the Use of Endorsements and Testimonials in Advertising, § 255.0",
    "year": "2023"
  },
  "quote": "\"clear and conspicuous\" means that a disclosure is difficult to miss ( i.e., easily noticeable) and easily understandable by ordinary consumers.",
  "method": "Federal guide text (eCFR). For video, the guides say a disclosure in both visual and audible portions is more likely to be clear and conspicuous.",
  "drift": [
    "Guides, not a rule: violations are pursued as deceptive practices under the FTC Act"
  ],
  "interest": "n/a (statute or regulation).",
  "safe_rephrasing": "The FTC's Endorsement Guides define 'clear and conspicuous' as difficult to miss and easily understandable by ordinary consumers; for video, disclosing both on screen and out loud is more likely to qualify.",
  "sources": [
    {
      "title": "16 CFR Part 255 (eCFR)",
      "url": "https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255",
      "primary": true
    }
  ],
  "kind": "reference_fact",
  "as_of": "eCFR current text (2023 revision)",
  "last_checked": "2026-10-16",
  "stale": false,
  "date_reviewed": "2026-10-16",
  "license": "CC BY 4.0",
  "license_url": "https://creativecommons.org/licenses/by/4.0/"
}