Last week, Mashable reported that on X (previously Twitter), customers had been noticing a new type of advertisement: Minus a daily deal with or username, the advert’s headline appears like a traditional tweet, with the avatar a miniature of no matter featured picture seems within the physique of the submit. There isn’t any notification within the higher right-hand nook saying “Ad,” and customers can’t click on on the advert to see extra about who paid for it.

“Dude what the fuck is this I can’t click on it there’s no account name there’s no username I’m screaming what the hell it’s not even an ad,” one person tweeted. But Twitter’s new advert interface could also be extra than simply annoying—it might be unlawful.

Under Section 5(a) of the US Federal Trade Commission Act, corporations are banned from utilizing misleading advert practices, that means customers should know that adverts are, effectively, adverts. For social platforms, because of this any native promoting, or promoting designed to seem like content material on the platform, must be clearly labeled.

“There’s really no doubt to us that X’s lack of disclosure here misleads consumers,” says Sarah Kay Wiley, coverage and partnerships director at Check My Ads, an advert business watchdog group. “Consumers are simply not able to differentiate what is content and what is not paid content. Even I’ve been duped, and I work in this space.”

X didn’t instantly reply to a request for remark.

X has two feeds, a Following feed that’s meant to point out customers content material from accounts they observe and a For You feed that features algorithmically really helpful content material from throughout the platform. Wiley says she has seen examples of this unlabeled advert content material in each feeds. What’s extra complicated is the truth that another content material remains to be labeled as adverts. “It’s really egregious because some ads are still marked as ads,” says Wiley. “It really provides opportunities for fraudulent marketers to reach consumers.”

An FTC workers legal professional with the company’s advert practices division, who spoke to WIRED on situation of anonymity, says that the company encourages platforms to make use of a constant format for promoting disclosures to be able to keep away from complicated prospects.

And Wiley says that if advertisers suppose X is doing the work of labeling their content material when it’s not, they may additionally face compliance points for not correctly disclosing that their posts are adverts. “The advertisers themselves are also victims,” she says.