New Disclosure Requirements for Endorsements and Reviews
On October 5, 2009, the Federal Trade Commission announced revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising, effective Tuesday, December 1, 2009. [Federal Register Notice] [Revised Guides]
Some of the more significant changes include:
Advertisements that feature a consumer conveying atypical experiences with a product or service must now disclose the results that consumers can generally expect.
Material connections between advertisers and endorsers (which include, but not limited to, bloggers and reviewers) must also be disclosed. The material connections may include, but are not limited to, payments, free products and ‘comp’ products.
Both advertisers and endorsers may be liable for false or unsubstantiated claims made in an endorsement, and for failing to disclose any material connections between them.
