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October 5th, 2009
FTC Revises Endorsement and Testimonial Guidelines
The Federal Trade Commission today announced that it has approved revisions to its "Guides Concerning the Use of Endorsements and Testimonials in Advertising". The guides, which were last updated in 1980, among other the changes, address situations where an advertised consumer’s experience with a product or service is not typical.
Advertisers now must clearly disclose the results consumers can generally expect , rather than simply include a disclaimer that "results are not typical," as per the 1980 version.
The revised guides also:
- address disclosure of important connections (e.g., compensation) with respect to bloggers and other "word of mouth" marketers;
- make clear that celebrity endorsers may indeed be liable alongside advertisers for false, misleading or unsubstantiated claims made in an endorsement; and
- emphasize that celebrities may have a duty to disclose their relationships with advertisers in non-traditional advertising settings (such as talk shows or social media websites).
The complete revised guides will be available on the FTC website.
If you have any questions about the FTC guidelines or other advertising/marketing law issues, please contact Jeffrey A. Greenbaum at jgreenbaum@fkks.com or (212) 826 5525 or any other member of the Frankfurt Kurnit Advertising Group.
Other Advertising Law Alerts
What the Advertising Industry Can Learn from Kim Kardashian’s Settlement with the SEC
On October 3, 2022, the Securities and Exchange Commission (SEC) announced that it entered into a $1.26 million settlement with Kim Kardashian over her social media promotion of the EMAX token without disclosing payment she received from token issuer, EthereumMax. The matter provides important lessons for advertisers. Read more.
October 10 2022
Get Ready for California’s New “Automatic Renewal” Rules
California recently amended its Automatic Purchase Renewals law. The amended statute - effective July 1st -- require marketers to provide consumers of automatic renewal or continuous service offers with more information and easier ways to terminate. Read more.
June 22 2018
“Made in the U.S.A.” Claims Continue to be Scrutinized
In 2016, California amended Section 17533.7 of the California Business and Professions Code ("Section 17533"), liberalizing the standard for selling products labeled "Made in U.S.A" to California consumers. Read more.
June 4 2018
