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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 email@example.com or (212) 826 5525 or any other member of the Frankfurt Kurnit Advertising Group.
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