Panel on the FTC’s New Endorsement and Testimonial Guides

Rebecca Tushnet’s 43(B)log:  “Today’s the effective date of the Revised Guides.  Emphasizes that the Guides themselves don’t provide for fines, though practices inconsistent with the Guides can result in FTC investigation and possible resulting fines.  Big rule: deceptiveness of endorsement/testimonial depends on the facts.   An endorsement is anything that consumers are likely to believe reflects speaker’s personal views, whether or not identical with the manufacturer’s, whether or not the speaker reads from a script.  Fictional dramatizations and statements by company spokespersons are not endorsements because they’re apparent to the audience.  Endorsements must reflect endorser’s general views and must not contain any express/implied representation that would be misleading if made by the advertiser.  Advertisers can be liable for misrepresentations and for failure to disclose material connections, as can endorsers.”