Monday, February 3, 2014

The Federal Trade Commission today announced that it has approved final revisions to the guidance ta

FTC Publishes Final Guides Governing Endorsements, Testimonials | Federal Trade Commission
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The Federal Trade Commission today announced that it has approved final revisions to the guidance ta it gives to advertisers on how to keep their endorsement and testimonial ads in line with the FTC Act.
The notice incorporates several changes to the FTC s Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address endorsements by consumers, experts, organizations, and celebrities, as well as the disclosure of important connections between advertisers and endorsers. The Guides were last updated in 1980.
Under the revised Guides, advertisements that feature a consumer and convey his or her experience with a product or service as typical when that is not the case will be required to clearly disclose the results that consumers can generally expect. In contrast to the 1980 version of the Guides which allowed advertisers to describe unusual results in a testimonial as long as they included ta a disclaimer such as results ta not typical the revised Guides no longer contain this safe harbor.
The revised Guides also add new examples to illustrate the long standing principle that material connections (sometimes payments or free products) between ta advertisers and endorsers connections that consumers would not expect must be disclosed. These examples address what constitutes an endorsement when the message is conveyed by bloggers or other word-of-mouth marketers. The revised Guides specify that while decisions will be reached on a case-by-case basis, the post of a blogg

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