Endorsements and Testimonials

The Federal Trade Commission (FTC) last month announced the agenda for its workshop “Putting Disclosures to the Test,” (Workshop) planned to take place on September 15 in Washington, DC.  The Workshop will focus on testing and evaluation of disclosures in both digital and traditional media.

Last summer, we noted that disclosures, especially for endorsements and testimonials,  were coming onto the FTC’s radar and would likely see heightened enforcement. Since then, the FTC has increased its scrutiny of advertising and privacy practices where it believes marketers are not adequately disclosing key details to consumers.  For example, Warner Brothers Home Entertainment in July settled the FTC’s charges that it instructed paid social media influencers of the video game … Continue Reading

The Federal Trade Commission (FTC) recently updated its answers to a series of frequently asked questions (New FAQs) about its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides). The updated FAQs are further proof that endorsements and testimonials are once again on the FTC’s radar, and marketers and their agencies should expect an increase in enforcement over the upcoming months.

This summer, Allison Fitzpatrick, Advertising, Marketing & Promotions Partner, and I co-authored an alert on the FTC’s updated answers to FAQs about endorsement guides. Given the long-awaited guidance, I wanted to share with you its potential impact. In the next coming weeks, I will be addressing the following affected areas: Social Media, Likes, Pins, and Posts, … Continue Reading