Under the FTC Endorsement Guides, 'clear and conspicuous' means a disclosure is difficult to miss and easily understandable
Verified Confidence: high
Primary source found; it says the same thing, the scope matches, and it is reasonably current.
- Commonly cited as
- "What does clear and conspicuous disclosure mean for influencers?"
- True origin
- Federal Trade Commission (16 CFR Part 255) — Guides Concerning the Use of Endorsements and Testimonials in Advertising, § 255.0
- Type
- Reference fact: A frequently needed number or rule taken directly from a primary source (e.g. Pew, Census, IAB/PwC, FTC), with its as-of date.
- Year
- 2023
- Data as of
- eCFR current text (2023 revision)
- Last checked
- What the source says
"clear and conspicuous" means that a disclosure is difficult to miss ( i.e., easily noticeable) and easily understandable by ordinary consumers.
- Method & sample
- 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 between quote and source
- 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 we opened
- 16 CFR Part 255 (eCFR) (primary)
Machine-readable: /api/claims/ftc-clear-and-conspicuous-means-difficult-to-miss.json · Last checked 2026-10-16