Hi,
The requirement to identify marketing emails as advertisements primarily comes from the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003) in the United States. If your emails are being sent to U.S. recipients, you need to comply with this law. Here’s a breakdown of the key points relevant to your question:
Legal References:
CAN-SPAM Act (15 U.S.C. § 7704(a)(5))
This section requires that commercial emails must be identified as advertisements or solicitations clearly and conspicuously unless the recipient has given prior consent to receive them.
The law does not mandate specific wording or placement, but the disclosure must not be misleading or hidden.
Federal Trade Commission (FTC) Enforcement
The FTC's guidelines on CAN-SPAM compliance reinforce that recipients must be able to recognize an email as an ad.
Misleading subject lines or hiding the nature of the message can lead to penalties.
How to Identify the Message as an Advertisement
Since your newsletters are mostly informational but contain some ads, you have some flexibility. Here are some best practices:
Include a Clear Disclosure
Place a short statement at the top or bottom of the email, such as:
“This email contains promotional content.”
“You’re receiving this newsletter, which may include advertisements.”
“This message is part of our marketing and informational communications.”
Avoid Misleading Subject Lines
If the subject suggests the email is purely informational but it includes ads, you could be in violation.
A subject like “Exclusive Tech Insights (Plus Special Offers!)” is better than just “Exclusive Tech Insights” if ads are included.
Separate Ads from Content Visually
Consider marking ads clearly, such as:
"Sponsored Content"
"Advertisement"
This is not required but can help avoid complaints.
Honor Opt-Out Requests
Ensure that recipients can easily opt out of receiving future emails, as required by CAN-SPAM.
