Jenner & Block

Client Alert: Pay to Play? New FTC Guidance Warns of Mixing Paid and Natural Search Results

In this client alert, Jenner & Block Partner Mary Ellen Callahan, and Associate Michael T. Borgia explain why the FTC’s recent letters to search engines serve as a reminder on the deceptive potential of displaying paid search results alongside natural results.  Online services, including mobile applications, that provide both paid and natural results, including those that do not consider themselves to be “search engines” in the typical sense, must treat paid results as advertising.  Companies providing filtering or prioritization of online content should consider how their services display that information to a reasonable consumer.