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  4. "Exclusive rights to ad placement" for digital media/banner ads
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The responses, guidance, and advisories provided by the Pharmaceutical Advertising Advisory Board (PAAB), including but not limited to those available through the PAAB Forum, the PAAB website, and any PAAB correspondences, are specifically intended to assist individuals navigating the PAAB preclearance system. Repurposing or reproducing this content without written consent from the PAAB Commissioner is strictly prohibited. This prohibition includes, but is not limited to, use in machine learning or AI models.

"Exclusive rights to ad placement" for digital media/banner ads

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  • D Offline
    D Offline
    dmauri
    wrote on last edited by
    #1

    When PAAB asks us to confirm that there are no exclusive rights to ad placement for digital media/banner ads, what does this entail? Let's say that an HCP-gated web page has 3 spots/positions for digital ads. Is it possible for our client to purchase 100% occupancy of position "A" for 1-2 months, given that positions B and C can still be occupied by other advertisers?

    Jennifer CarrollJ 1 Reply Last reply
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    • D dmauri

      When PAAB asks us to confirm that there are no exclusive rights to ad placement for digital media/banner ads, what does this entail? Let's say that an HCP-gated web page has 3 spots/positions for digital ads. Is it possible for our client to purchase 100% occupancy of position "A" for 1-2 months, given that positions B and C can still be occupied by other advertisers?

      Jennifer CarrollJ Offline
      Jennifer CarrollJ Offline
      Jennifer Carroll
      wrote on last edited by
      #2

      Good afternoon @dmauri

      Please see the PAAB Advisory on Disclosure of APS Placement Details. The answer will be dependent on the ad and where it is being placed. A general question you could ask yourself is, “Am I creating a link between the brand and articles which may be considered off-label by virtue of exclusive placement?”.

      Note that the concern is the potential for placement to create a notable link between the brand and articles/content on the page(s) which could exceed the federal advertising regulations. This potential is amplified by exclusivity of ad placement.

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