FTC Updates Endorsement Guides FAQ | Practical Law

FTC Updates Endorsement Guides FAQ | Practical Law

The Federal Trade Commission (FTC) has recently updated The FTC's Endorsement Guides: What People Are Asking, a list of frequently asked questions related to the agency's 2009 Guides Concerning Use of Endorsements and Testimonials in Advertising (Endorsement Guides). The Endorsement Guides outline how advertisers can use endorsements and testimonials in advertising.

FTC Updates Endorsement Guides FAQ

Practical Law Legal Update 9-615-9367 (Approx. 4 pages)

FTC Updates Endorsement Guides FAQ

by Practical Law Commercial
Published on 03 Jun 2015 • USA (National/Federal)
The Federal Trade Commission (FTC) has recently updated The FTC's Endorsement Guides: What People Are Asking, a list of frequently asked questions related to the agency's 2009 Guides Concerning Use of Endorsements and Testimonials in Advertising (Endorsement Guides). The Endorsement Guides outline how advertisers can use endorsements and testimonials in advertising.
On May 29, 2015, the Federal Trade Commission (FTC) updated The FTC’s Endorsement Guides: What People Are Asking, a list of frequently asked questions (FAQs) related to the agency's 2009 Guides Concerning Use of Endorsements and Testimonials in Advertising (Endorsement Guides) (16 C.F.R. §§ 255.0-255.5).
The Endorsement Guides provide rules to assist advertisers in meeting their legal obligations when using endorsements and testimonials in advertising. For example, the Endorsement Guides explain the core principles that:
  • Endorsements must be truthful and not misleading.
  • Marketers must clearly and conspicuously disclose any connection between an endorser and the product marketer if:
    • consumers would not expect the connection; and
    • the connection would affect how consumers evaluate the endorsement.
  • If the advertiser doesn’t have proof that an endorser's experience represents what consumers will generally achieve by using the product, then the advertiser must clearly and conspicuously disclose the product's generally expected results.
What People Are Asking is an informal FTC publication that responds to common FAQs from advertisers, advertising agencies, bloggers and other interested parties. This updated FAQ guidance document:
  • Expands on topics that the FTC first addressed in its initial FAQs guidance document.
  • Explores more in-depth various forms of promotion that were still relatively new in 2009, such as Twitter.
For more information on the FTC's advertising and endorsement rules, see Practice Notes, Advertising: Overview: Endorsements and the Use of People in Advertisements and Advertising and Promotions in Social Media: Endorsements and Testimonials.